1. INTRODUCTION
1.1 Welcome to Bibiz platform (the "Site").The website provides an e-commerce platform that enables registered members to place, accept, conclude, manage and fulfil orders for the sale and purchase of products and/or services online via the Website. Please read the following Terms of Service carefully before using this Site or opening an account ("Account") so that you are aware of your legal rights and obligations with respect to Bibiz Venture (hereinafter referred to as Bibiz) and its affiliates and subsidiaries (individually and collectively, "Bibiz", "we", "us" or "our"). The Terms set out below (“Terms of Service”) are applicable to any and all access and use of the Website. You may view the Terms of Service via the link set out on the main page of the Website.
1.2 These Terms of Service are to be read together with the following documents:
1. Seller Agreement (in respect of a Seller);
2. Returns and Refunds Policy;
3. Privacy Policy; and
4. all other policies as published on the Website from time to time.
1.3 The purpose of this Terms of Service (this "Agreement") is to set out rights and obligations and other necessary matters between persons trading products or services with each other and other responsible matters between the Members and the Company (as defined below), the procedures for the use of the service by the Members, etc., in connection with the use of the e-commerce related services (the "Services") provided by Bibiz.
1.4 The service include an online platform that provide a place for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “users” or “parties”). The actual contract of sale is directly between Buyer and Seller and Bibiz is not in any connection related with such contract. Parties involved to such transaction will be entirely responsible for the sales contract between them. We do not act as the agent for either buyers or sellers. The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Bibiz.
1.5 You agree to use the Website at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom.
1.6 Please cease to use the Website if you are not agreeable to any amendments or modifications of the Terms of Service. We may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability. We reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
2. USE OF THE SITE
2.1 Bibiz grants you a non-transferable, limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Bibiz and where applicable, third party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website). . Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted without notice to you.
2.2 Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those by the seller and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Bibiz may effect such termination with or without notice to you.
2.5 You agree not to:
(a) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
(c) use the Services to harm minors in any way;
(d) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) remove any proprietary notices from the Site;
(f) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Bibiz;
(g) use the Services for fraudulent purposes;
(h) interfere with other User's listings;
(i) take any action that may undermine the feedback or ratings systems;
(j) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Bibiz with respect to the Services and/or data transmitted, processed or stored by Bibiz;
(k) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(l) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(m) You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Website or the Company’s operations and/or business, including but not limited to:
1. distributing viruses or any other technologies that may harm the Website, or the interests or property of other Members;
2. undertaking any action to undermine the integrity of, or gain access to, the Website system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services (“System”);
3. monitoring data or traffic on the System or conducting crawling of the System without the Company’s permission;
4. engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
5. engaging in any behaviour that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;
(n) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(o) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(p) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others;
(q) The sellers cannot add any link on your product page that leads to a separate website, Bibiz is designed as a venue to assist transaction between buyers and sellers, not a platform of advertising. The sellers should only list the products that you intended to sell on Bibiz. Any text in your product description and/or photos informing buyers to reach you via other platforms such as whatsapp, facebook or instagram will be deleted. (We understand that there are needs for buyers and seller to communicate with one another, our Chat function in Bibiz provides an easy way for both parties to connect.
(r) You shall conduct yourself in accordance with good public order and morals, and shall refrain from:
1. persistently raising complaints without any reasonable grounds or justification;
2. repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
3. engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.
2.6 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Meceilo, are responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Bibiz be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
2.7 You acknowledge that Bibiz and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, Bibiz and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content
2.8 You acknowledge, consent to and agree that Bibiz may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Bibiz or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Bibiz, its Users and/or the public.
3. VIOLATION OF OUR TERMS OF SERVICE
3.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
a. Listing deletion
b. Account suspension and subsequent termination
c. Criminal charges
d. Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
3.2 If you believe a User on our Site is violating these Terms of Service, please contact us at customerservice@bibiz.my
4. USER SUBMISSIONS
4.1 Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
5. SUSPENSION OF SERVCE
5.1 The Company may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to:
1. maintenance work on the Website;
2. the occurrence of power or communications outage;
3. technical problems on the part of our third party suppliers or partners;
4. the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or
5. any other reason(s) that the Company may deem necessary for such suspension.
5.2 Upon the suspension of the Services, the Company shall post a notification on the Website on the suspension of the Services as soon as reasonably practicable.
5.3 The Company shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with the terms of these Terms and Conditions.
6. ORDER ACCEPTANCE AND PRICING
6.1 Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
6.2 We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged. However, if such action has been made, we will notify you of the cancellation and payment made will be credited back into your account within three (3) working days.
6.3 The price of the Goods and/or Services shall be the price stated in Bibiz’s website at the time which the Buyer makes its offer purchase to Bibiz. The price shown in the product page excludes the cost of delivery charges, the total cost including delivery charges will be shown at the check out page, unless stated otherwise by the seller, where in some circumstances, the seller wish to bear the delivery cost.
7. TRADEMARKS AND COPYRIGHTS
7.1 All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
8. APPLICABLE LAW AND JURISDICTION
8.1 These Terms of Services shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
9. MEMBERSHIP CATEGORIES
9.1 Membership of the Website can fall under any one or more of the following categories:
(a) Buyer;
(b) Local individual Seller; and
(c) Local business Seller (with business / company registration);
9.2 You warrant that all information provided to the Company as part of the registration process is accurate, current and complete at all times and you will immediately let us know if there are any changes to the same. If we rely on the contents of your application and accept you as a Member, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted to us by you.
9.3 We reserve the right to accept or reject your application to become a Member at our sole and absolute discretion in the following cases:
(a) where we are not able to verify your identity with certainty;
(b) where the data provided by you upon sign-up (for example, email address, telephone number, company/business registration number etc.) is identical to a membership account already registered with the Website;
(c) where you have provided false or inaccurate information or omitted to provide necessary information during the application process;
(d) where you have applied for membership within less than one (1) month from the date of termination or cancellation of an earlier membership on our Website;
(e) where you have signed up as a Member under another account, which is either temporarily or permanently suspended at the time of application for a new Member account;
(f) where you have breached any of the Terms and Conditions; and/or
(g) any other reason as may be determined by the Company.
(h) for the avoidance of doubt, our decision above cannot be contested.
10. COMPLETION OF REGISTRATION
10.1 You will become a Member upon the successful completion of the registration process as determined by the Company. Our registration process may, where necessary, include identity verification by way of submission by you of certain documentary evidence and support materials as may be requested by us.
10.2 In order for us to identify you as our Member, you can submit for our review, a member identification name (“Member ID”) which can be any letters, word, numbers or combination of the same. The Member ID shall be our method of identifying you as a Member on the Website. Please note that we reserve the right not to approve any Member ID names that we feel are unsuitable or are not in accordance with our Policies.
10.3 Please note that you are not allowed to change your email address once your membership request is submitted and approved as your membership account is linked to the email address. If you would like to change your email address, you will need to terminate your membership and account, and sign up again using the new email address.
11. ACCOUNTS AND SECURITY
11.1 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 Bibiz in its sole discretion, finds offensive or inappropriate, we have the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Bibiz has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
11.2 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 us of any unauthorized use of your Account, User ID and/or password, and
(d) ensure that your Account information is accurate and up-to-date.
11.3 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. Bibiz will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
11.4 You agree that Bibiz 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 we deem necessary. Grounds for such actions may include, but are not limited to, (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 for illegitimate reasons, or (e) behaviour that is harmful to other Users, third parties, or the business interests of Bibiz. 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, we may terminate your Account immediately with or without notice.
12. DORMANT ACCOUNT 12.1 The Company shall deem your account to be dormant if you fail to log in to the Website for a duration exceeding the term specified below:
For Buyer : 18 months
For Seller : 12 months
12.2 In the event that your account is deemed dormant, the Company may place a restriction on the use of Services and/or Website. In addition to the foregoing, if you are a Seller, the Company may further purge and remove your Product listings from your Seller Store on the Website.
13. REACTIVATION OF ACCOUNT
In order for you to commence using the Services again, you will need to authenticate and verify your identity in accordance with such procedures as determined by the Company.
14. PAYMENT METHODS
14.1 The Buyer shall be entitled to make payment for the product purchased, pursuant to the various payment methods set out in Bibiz’s website. The terms and conditions applicable to each type of payment, as contained in Bibiz’s website, shall be applicable to the Contract.
14.2 Payment for Products purchased on the Website can be made via the following methods:
(a) Credit Card;
(b) Debit Card;
(c) Online Banking;
(d) Automated Teller Machine (ATM) or bank transfer;
14.3 For payment through Bank Transfer, Online Banking or ATM Machine, payment has to be made to the designated Bibiz Account. Buyer must provide Bibiz with the payment receipt or payment transaction reference and email us at payment@bibiz.my for verification purposes. If payment confirmation is not received by Bibiz within three (3) days, Buyer’s order will be cancelled.
15. PAYMENT PROTECTION SERVICE
15.1 Payment Protection Services is a service provided by Bibiz for our users where transactions among the Members can be undertaken safely and to improve the reliability of e-commerce services. The Payment Protection Services means the services whereby the Company will refund the payment made by the Buyer, in accordance with the purchase and sale agreement (which payment is then transferred to the relevant Seller by the Company after deducting a predetermined fixed service fees/commission therefrom in case the Buyer received the Products from the Seller) but the Buyer has not received the Products from the Seller.
15.2 The Payment Protection Services apply to all Products purchased at Bibiz.
15.3 The Payment Protection Services is provided for the purpose of enhancing the safety and reliability of the purchase and sale of the Products among the Members and protecting the Buyer who is required to make payment before he or she receives the Products.
15.4 The provision of the Payment Protection Services by the Company does not make the Company a representative of the Seller or the Buyer, nor does it mean that the Company is acting as a proxy for the Buyer and Seller in carrying out the obligations of the Seller or the Buyer in connection with the purchase and sale of the Products.
15.5 The Company cannot be requested to return any interests, etc., that are incurred on the payments that are in custody of the Company and subsequently obtained by the Company, in the course of providing the Payment Protection Services.
15.6 Any Buyer, who uses the Payment Protection Services, shall express his or her intent to finalize the purchase, exchange or return at the time when the Products are delivered to the Buyer.
15.7 The Payment Protection Services are terminated when the Buyer expresses his or her intent to finalize the purchase or it is deemed that the Buyer has such intent.
15.8 In the event the Buyer fails to express his or her intent to exchange or return within the Purchase Finalization Period (i.e 14 days after receipt of goods) following the completion of the delivery of the relevant Products, it shall be deemed that the Buyer has the intent to finalize the purchase.
15.9 In the event the Buyer has the intent to finalize the purchase or it is deemed that the Buyer has such intent, the Company may remit the related payment of the Products to the Seller.
15.9(i) In the case of the occurrence of the grounds to withdraw, cancel, terminate, nullify or etc. the agreement after the termination of the Payment Protection Services, the Buyer shall undertake the relevant procedures directly with the Seller to withdraw, cancel, terminate or etc. the agreement and to obtain a refund of the purchase price.
16. DELIVERY
16.1 We will inform Seller upon receipt of Buyer’s Purchase Monies. Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.
16.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within, the Protection Service period.
16.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that Bibiz will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
16.4 For Cross-Border Transaction, Users understand that all cross-border import and export transaction are subject to local laws and regulations. Seller should familiarize himself/herself with all import and export restrictions that apply to the designating country. Seller acknowledges that Bibiz cannot provide any legal advice in this regard and agrees that Seller will bear all risks and liabilities associated with import and export of any Seller’s item to the designating country.
16.5 Delivery of the Products shall be made to the address specified by you in your Order.
16.6 You agree to bear the risk for any Products wrongly delivered due to incorrect details provided by you.
16.7 A delivery period starts on the date on which the payment has been confirmed and ends on the date on which the delivery is completed. In the case of public holidays and other holidays in Malaysia or the occurrence of the natural disaster or the force majeure events, such period shall be excluded from the delivery period.
17. FAILURE OF DELIVERY
17.1 Where you have submitted an Order and made full payment for the same, but the Seller fails to deliver the Product within the period specified on the Product page without any proper, reasonable and acceptable justification, you may request for the Transaction to be cancelled.
17.2 In such instance, the Company shall refund any payment made by you in accordance with the Exchange, Return and Refunds Policy, it will be in force at such time.
18. DISPUTE
18.1 In the event there is a dispute among the Seller, Buyer, delivery company, financial institutions, etc., in connection with the delivery, such disputes shall be resolved among the related parties. The Company shall not take part in any of such disputes, nor shall it be held liable thereto.
18.2 In the case of the occurrence of the grounds to refund the purchase prices due to defects in the Products, etc. after the purchase has been finalized, the Company shall not intervene. Any disputes arising between the Buyer and the Seller after the purchase has been finalized shall be resolved between the relevant Buyer and Seller.
18.3 In case of any disputes relating to the purchase and sale of the Products on the Website between you and another Member (collectively referred to as “Disputing Parties”), you shall first attempt to resolve the dispute with such Member in good faith.
18.4 Where the Disputing Parties cannot resolve their Dispute within any time periods prescribed in these Terms of Services and/or the Seller Agreement, either you or the other Member may submit such Dispute to the Company for a final determination and resolution.
18.5 You agree that the Company shall have the full power, authority and discretion to make a final decision for such Dispute.
18.6 The Company shall review the evidence received from the Disputing Parties, and shall issue its final decision in respect of the Dispute (“Decision”), taking into consideration commonly accepted principles and practices in the relevant industries and the interests of the both parties.
18.7 You agree to abide by and be bound by the Decision and in furtherance of the same, and you expressly acknowledge and agree that the Company shall be entitled to, in relation to the Dispute and the Decision:
1. cancel any Transaction on the Website;
2. release any funds held under the Payment Protection Services to either of the Disputing Parties (as applicable);
3. temporarily or permanently suspend either or both of the Disputing Parties accounts on the Website;
4. temporarily or permanently remove listings of a particular Product from the Website;
5. require the removal of or the Company, of its own accord, may remove any unlawful content from a Seller store on the Website;
6. revise the rating for either or both of the Disputing Parties’ accounts on the Website;
7. carry out all such other actions deemed necessary to ensure the Decision is enforced fairly and reasonably.
8. Notwithstanding the aforementioned clauses, you acknowledge that the Company is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. The Company does not act as the agent of either of the Disputing Parties, but acts as facilitator for dispute resolution. Consequently, you agree not to hold the Company liable and shall waive any claim you may have against the Company in respect of the Decision and the Dispute.
19. COMPLETION OF DELIVERY / FINALIZATION OF PURCHASE
19.1 If the Buyer fails to express his or her intent to finalize the purchase, exchange or return within the Purchase Finalization Period, the Company may deem that the intent to finalize the purchase has been made and take the procedure to automatically finalize the relevant purchase (the "Automatic Finalization of Purchase") on the business date immediately succeeding the expiration date of such period; provided that if the Buyer does not receive the product within the Purchase Finalization Period, the Buyer may report such non-arrival to the Company.
19.2 Upon the conclusion of the Automatic Finalization of Purchase, the Company may remit the payment, which is in custody of the Company, to the Seller in a manner designated by the Seller.
19.3 Once the Automatic Finalization of Purchase is concluded, the Buyer may not raise any objections against the Company such as non-delivered Products, request to return the Products, etc. The Buyer shall directly settle with the Seller any issues relating to the obtaining of refunds of the purchase prices, exchange of the Products, etc.
20. CUSTOMS REGULATIONS & INSPECTIONS
20.1 If you are buying Products on the Website which are located in another country, kindly note that you shall be considered as the importer on record. As such, you must comply with all applicable importation laws and regulations when buying such Products, and you should ensure that the Product purchased can be lawfully imported into Malaysia before purchasing the same.
20.2 Purchases of Products from overseas may be subject to payment of import duties and taxes, which are levied once the Product reaches Malaysia. As a general principle, additional charges for customs clearance shall be borne by the Seller. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country--please contact your local customs office for further information.
20.3 Member's privacy is important to us, and we know you care how the information about your order is used and shared. We would like our international buyers and sellers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.
20.4 Company or sellers may provide certain order, shipment, and product information--such as titles--to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or sellers to state the value of the purchased item directly on the package.
21. RETURN/EXCHANGE/REFUND/CANCELLATION
21.1 The Buyer may request for the return or exchange of the Products within three (3) days from the date on which the Product is delivered. The related laws and regulations. shall prevail over the terms of the transaction provided by the Seller in connection with general matters relating to the return of the Products; provided, however, the Buyer may not be entitled to request return or exchange in any of the following cases:
a. The Product is damaged due to a cause attributable to the Buyer;
b. The value of the Product has been significantly reduced due to the use or partial consumption thereof by the Buyer;
c. The value of the Product has been significantly reduced to the extent that such Product is not resalable due to the time elapsed;
d. The package of the reproducible Product is damaged;
e. There are other reasonable grounds based on which the Buyer may not be entitled to request for refund or exchange.
21.2 In the event the Company receives the request to exchange or return from the Buyer, the Company shall immediately notify the Seller.
21.3 All necessary expenses such as round-trip delivery costs for the exchange or return shall be borne by a party to whom a cause is attributable.
21.4 In the event the return invoice number is not indicated at the time the request for return is made, the return handling proceedings and refund may be delayed.
21.5 In the event the request for exchange is made and the Seller does not have the relevant product in stock, the exchange is impossible, in which case such request shall be handled as return of the Products.
21.6 The Buyer shall be responsible for all costs incurred in connection with any exchanges made, except where the relevant exchange is made due to defects in the Products, in which case, the Seller shall be responsible for round-trip delivery costs of such defective Products.
21.7 In the event the Seller fails to confirm the order information of the Buyer or fails to carry out the delivery procedures for a considerable period of time after having been notified of the payment confirmed by the Company, the Company may cancel the relevant transaction at the request of the Buyer, in which case, the payment in custody of the Company shall be refunded to the Buyer, after 48 hours non reply of the order confirmation by the seller. Moreover, the Company may take steps to undertake the automatic refund procedures, etc. without the request made by the Buyer in accordance with its own policies, in which case such shall be publicly notified in advance.
21.8 In the event the Seller fails to actively undertake or delays the procedures to confirm the exchange or return request made by the Buyer, the Company may cancel the relevant transaction after figuring out the cause of such exchange or return request and may refund the payment in its custody to the Buyer.
21.9 In the event the Company determines that the Buyer's request for exchange or return is not justifiable, the Company may cancel such request and pay the payment in its custody to the Seller. Moreover, if the Buyer fails to return the Product, or is not reachable (by telephone, email, etc.), within seven (7) days from the date on which the Buyer's request for exchange, return, etc. has been registered, it shall be deemed that the Buyer has withdrawn its such request and the Company may pay the payment in its custody to the Seller.
21.9(i) If the transaction, for which the payment of the Buyer has been confirmed, is cancelled, the Company shall take the necessary procedures to refund the purchase price to the Buyer within three (3) business days from the date on which the relevant transaction is cancelled.
21.9(ii) The Member may cancel his or her purchase before the Product is delivered, meaning that before the seller ship the product. If the request for cancellation is made while the Product is being delivered, such request shall be based on approval by the seller.
21.9(iii) Any request for cancellation, which is registered after the payment has been completed, shall be refund immediately.
21.9(iv) Any request for cancellation, which is made while the Product is being prepared for delivery, shall be completed immediately in principle; however, to the extent that the relevant Product has been already dispatched, the Buyer shall be responsible for the round-trip delivery charges.
22. PROHIBTED ACTS
22.1 In furtherance of safe transactions, Seller and Buyer are prohibited from directly entering into a transaction (e.g., direct dealing) without using the Payment Protection Services provided by the Company. Any issues or problems arising from such direct dealing shall be borne by the parties thereto, and the Company shall not take any responsibility in relation thereto.
22.2 A Seller who are confirmed to have engaged in or induced a direct dealing may be suspended from using the Service or be terminated from the User agreement, and a Member may report such Seller to our Customer Service by emailing us customerservice@bibiz.my.
22.3 Any abnormal use of the Service or access to the system not in conformance with the terms and conditions of the Service provided by the Company is prohibited.
22.4 Upon confirming any wrongdoings to the system, the Company may take following measures against the responsible Member: reclaim of additional benefits, in part or in whole, provided by the Company, restriction in use of certain Services, termination of User agreement, etc.
22.5 The Service prohibits any purchase from unauthorized use of another person's identify, credit card information, account information, etc.
(a) Any unusual payment in violation of related law, such as raising funds in disguise of sale of product or supply of service is prohibited. Upon confirming such activity, the Company may suspend or cancel the Member's transaction and notify relevant authority.
(b) Any unusual transaction exploiting discount rates, etc. provided by the Company and any purchase with no intention of actual purchase (e.g., no actual delivery of product) are prohibited. Upon confirming such activity, the Company may cancel such transaction, restrict use of the Services or terminated User agreement.
23. INDEMNIFICATION
23.1 Any transactions between Users arising from or in connection with sale of products, such as shipment of products, returns or withdrawal of subscription, must be proceeded by the buyer and the seller, who are the parties of such transaction. The Company will not be involved in the course of the transaction nor will the Company in any event take responsibility therefor.
23.2 The Company shall not be responsible for any damages arising from User's disclosure or provision of its own personal information to another person.
23.3 The Company does not guarantee accuracy, promptness or appropriateness, etc. of any products or information, etc. provided by a Seller or a third party on the Company's service screen, nor will the Company in any event be responsible in relation thereto.
24. EXPIRIRATION / TERMINATION OF THE USER AGREEMENT
Any Member may terminate the User agreement as follows:
24.1 Any Member may terminate the User agreement at any time by notifying the Company of its intent to terminate; provided, however, that prior to making such notification, all Product transactions that are in process must be completed, withdrawn or canceled, and any negative consequences arising from such withdrawal or cancellation shall be borne by the Member. In addition, the Company shall be entitled to restrict the Member's ability to terminate the User Agreement, in the event the Member's use of the Services has been suspended due to his or her breach of this Agreement, related laws and regulations, etc. in order to prevent such breach from occurring again, or until the Member has discharged all of its obligations if the Member has not discharged all of its obligations against the Company.
24.2 Any negative consequences arising from the withdrawal from the membership shall be borne by the withdrawing Member. Once the User agreement is terminated, the Company may collect various incidental benefits (eg: credit, points or discount coupons) provided to the Member.
24.3 In order to prevent any illegal and/or expedient activities from occurring, where the Member may illegally and expediently obtain certain economic benefits such as discount coupons, event related benefits, etc. by repeatedly applying for the membership and arbitrarily terminating the User Agreement, or where the Member uses another person's name in such process, any Member, who desires to reuse the Services following his or her voluntary termination, shall be allowed to reapply after one (1) month has passed from the date on which the Member withdrew from the membership. To reuse the Services, the Member must notify the Company of its intent to reuse in accordance with the membership application procedures set forth in this Agreement and the related provisions and obtain the approval of the Company.
24.4 You agree that Bibiz 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 we deem necessary. Grounds for such actions may include, but are not limited to, (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 for illegitimate reasons, or (e) behaviour that is harmful to other Users, third parties, or the business interests of Bibiz. 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, we may terminate your Account immediately with or without notice.
24.5 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms of Service or revoke any or all of your rights granted under this Terms of Services. Upon any termination of this Agreement, you shall immediately cease all access to use of Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Bibiz Venture, in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
24.6 Following the termination of the User agreement by the Company, this Agreement shall continue to apply to any matters related to the completion of any existing sale and purchase agreements entered into prior to the termination.
24.7 In the event the User agreement is expired or terminated, the Company may cancel any advertisements and transactions related to the relevant Member without notice, and to the extent any Buyer has paid the purchase price of the Products using credit card, such credit card transaction may be canceled. The Company may also collect various benefits incidentally (eg: credit, points or discount coupons) provide to the Member.
24.8 The Member shall be responsible for any losses occurring in connection with the termination of the User agreement, for which the Company shall not be held responsible in any way whatsoever.
25. MEMBER RATING, REVIEW / FEEDBACK
25.1 Upon purchasing a Product, you may submit your review of such Product via the feedback and review mechanism provided on the Website, which can be in the form of writing, image and/or video clip. Your feedback on the level of satisfaction with the Product as well as experience with the Seller will contribute to the Seller’s rating on the Website.
25.2 If you submit or post a review of a Product, such review shall be made publicly available. You shall be solely responsible for your review and the Company is not responsible to ascertain whether any opinion expressed is true. As such, you should ensure that any review posted is fair and not unlawful.
25.3 Notwithstanding the aforementioned, if the Company is of the view that your published review of the Product is not appropriate for public disclosure or is defamatory or likely to violate the law or breach these Terms of Service, the Company shall be entitled to delete such review at its sole and absolute discretion and without notice to you.
26. CANCELLATION, RETURN AND REFUND
26.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Bibiz Guarantee Account.
26.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of Bibiz Protection Service Period, if applicable, subject to and in accordance with Bibiz’s Refunds and Return Policy. Please refer to Bibiz’s Refunds and Return Policy for further information.
26.3 Bibiz reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Bibiz Guarantee Account.
27. LINKS TO THIRD PARTY SITES
27.1 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Bibiz in any manner whatsoever and you therefore access them at your own risk. Bibiz is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Bibiz is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.
28. GENERAL PROVISIONS
28.1 Bibiz reserves all rights not expressly granted herein.
28.2 Bibiz may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
28.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
28.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Bibiz, nor does it authorize you to incur any costs or liabilities on Bibiz’s behalf.
28.5 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Bibiz’s affiliates and subsidiaries (and each of Bibiz’s and its affiliates' and subsidiaries' respective successors and assigns).
28.6 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at customerservice@bibiz.my.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON BELOW, 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.