1.0 GENERAL PROVISIONS
1.1 These Terms and Conditions of Use set forth the terms and conditions that apply when any buyer conduct transactions, such as the purchasing of products and/or services offered by enche.com (hereinafter referred to as “the COMPANY”).
1.2 The COMPANY is an online shopping marketplace that offers buyers a shopping “forum” with merchants including but not limited to featuring products, shop reviews, rankings, special features and other information and services related to shopping provided on the COMPANY’s SITE (hereinafter referred to as “SERVICES”).
1.3 Regarding to the buyer’s use of SERVICES, in addition to these Terms and Conditions of Use, the COMPANY reserves the right to set forth special provisions regarding the use of individual services, subordinate terms hereto, guidelines and other policies. Any subordinate clauses, guidelines or other addendums hereto shall constitute a part of these Terms and Conditions of Use, collectively referred to as “Terms and Conditions of Use,” and shall apply to buyer use of SERVICES.
1.4 All transactions between buyer and merchant on the COMPANY’s SITE (which will be defined hereinafter) shall be conducted directly between the buyer and merchant. The COMPANY shall not be a party to any transactions nor bear any liability for such transactions. The COMPANY also shall not be liable or bound by any act or omission of the buyer and merchant. Accordingly, in the event that there is any dispute arises regarding a transaction with a merchant, the problem shall be resolved between the buyer and the merchant. Nevertheless, the COMPANY place great value on our buyer’s satisfaction. Any grievances, complaint or report on merchants, please contact us at [email protected]
1.5 By accessing to the COMPANY’s website (hereinafter referred to as the “SITE”), buyer shall agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations and agree to be responsible for compliance with any applicable Malaysian laws. If buyer do not agree with any of these terms, buyer is prohibited from using or accessing the SITE. The materials contained in the SITE are protected by applicable copyright and trade mark law.
2.0 USE OF SERVICES
2.0 Any buyer who has registered an account with the SITE deemed to be as an “enche Member” pursuant to these Terms and Conditions of Use and shall be entitled to use a variety of services oriented toward enche Members including coupon services subject to these Terms and Conditions of Use.
3.1 The COMPANY may revise these Terms and Conditions of Use for the SITE at any time without any prior notice. By using the SITE, the buyer is agreeing to be bound by the then current version of these Terms and Conditions of Use.
4.1 Any software provided by the COMPANY to the buyer as part of the SERVICES is subject to the provisions of these Terms and Conditions of Use. The COMPANY reserves all rights to the software not expressly granted by the COMPANY hereunder. Any third-party scripts or code, linked to or referenced from the SERVICES are licensed to the buyer by the third parties that own such scripts or code, not by the COMPANY.
5.0 ACCOUNTS AND SECURITY
5.2 The buyer shall agree to (a) keep password confidential and use only the buyer ID and password when logging in, (b) ensure that the buyer log out from the buyer’s account at the end of each session on the SITE (c) immediately notify the COMPANY of any unauthorised use of the buyer’s account, User ID and/or password, and (d) ensure that the buyer’s account information is accurate and up-to-date. The buyer is fully responsible for all activities that occur under the buyer User ID and account even if such activities or uses were not committed by the buyer. The COMPANY will not be liable for any loss or damage arising from unauthorised use of the buyer’s password or the buyer’s failure to comply with this clause.
5.3 The buyer agrees that the COMPANY may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate the buyer’s account and your User ID, remove or discard from the SITE any content associated with the buyer’s account and User ID, withdraw any subsidies offered to the buyer, cancel any transactions associated with the buyer’s account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that the COMPANY 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 and Conditions of Use, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products and/or services on the SITE for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products and/or from the same merchant or related group of merchants, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the SITE), or (g) behaviour that is harmful to other users, third parties or the business interests of the COMPANY. Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to the buyer. If a legal dispute arises or law enforcement action is commenced relating to the buyer’s account or the buyer’s use of the SERVICES for any reason, the COMPANY may terminate the buyer’s Account immediately with or without prior notice.
5.4 The buyer may terminate the buyer’s account if the buyer notify the COMPANY in writing (including via email at [email protected]) of the buyer’s desire to do so. Notwithstanding any such termination, the buyer shall remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination) including but not limited to shipment of the product, payment for the product, or the like, and the buyer shall contact the COMPANY after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms and Conditions of Use. The COMPANY shall has no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this clause. The buyer waive any and all claims based on any such action taken by the COMPANY.
6.1Notifications, notices or any written communication regarding SERVICES to the buyer from the COMPANY shall be sent by way of electronically to the email address entered under the latest registration information for enche Members or entered by the buyer upon purchase; any notice posted on SITE pertaining to SERVICES; or provided via other methods deemed appropriate by the COMPANY.
6.2 When notifications are provided electronically and/or the COMPANY sends an email to the email address specified in the preceding clause, the buyer agrees in advance that the notification shall be considered as having been delivered either when the email became viewable by the buyer or 24 hours after the email was sent by the COMPANY, whichever is the earlier.
7.0 CORRESPONDENCE AND ADVERTISING
7.0The COMPANY may contact the buyer via phone, email or other methods for the purpose of including but not limited to conducting feedback surveys regarding SERVICES; investigating the status, of transactions or interviewing the buyer.
7.1 The COMPANY may, in compliance with Malaysian laws and regulations, contact the buyer via phone, email, post, or other methods for the purpose of notifying the buyer of campaigns regarding SERVICES, advertising and marketing and other related matters.
8.0 TRANSACTION FEES
8.1 The COMPANY charges a fee for all successful transactions completed via bank transfer, credit card (“Transaction Fee”). The Payment Fee is subject to all taxes, duties and/or levies (“Tax”) which is currently imposed or to be imposed by the relevant authority at any time in the future.
8.2 The buyer shall complete Transaction Fee for the price of the product and/or services via the payment method selected when placing the order.
The COMPANY supports one or more of the following payment methods:
(i) Credit Card;
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction of the buyer.
(ii) Bank Transfer;
The buyer may make payments through internet bank transfer (“Bank Transfer”) to the COMPANY’s designated Bank Account.
(iii) Electronic money (e-money); or
The buyer may make payment through e-money instrument that contains monetary value that is paid in advance by the buyer to the e-money issuer. This payment instrument shall be subject to the rules and regulation of the countries and e-money issuer.
(iv) Cash over the counter.
The buyer may shop online then pay with cash at various bank outlets, retail locations or other authorised location near the buyer.
8.4 The COMPANY takes no responsibility and assume no liability for any loss or damages to the buyer arising from shipping information and/or payment information entered by the buyer or wrong remittance by the buyer in connection with the payment for the products and/or services purchased. The COMPANY reserves the right to check whether the buyer is duly authorised to use certain payment method and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
9.1 Please refer to our Refund Policy which forms a part of these Terms and Conditions of Use.
10.0 USE OF SERVICES BY MINORS AND JUVENILES
10.1The buyer who has yet to attain the age of majority shall use SERVICES only after receiving consent from a parent or guardian.
10.1 The preceding clause notwithstanding, if a buyer under the age of majority is discovered to be using SERVICES without the consent of a parent or guardian, the COMPANY shall be entitled to take any of the responses set forth below, either in whole or in part, without having need to notify the buyer in advance:
(i) Suspend the use of SERVICES by the buyer and suspend or revoke enche Membership privileges pursuant to these Terms and Conditions of Use; or
(ii) Suspend the performance of transactions, such as shipping of products and/or services, or demand the suspension participating in SERVICES.
10.3 The COMPANY may place age restrictions on the range of products and/or services available for purchase. If the COMPANY discovers that the buyer has purchased any product and/or services accompanied by age restrictions despite not having attained to the age specified, the COMPANY shall be entitled to take any of the responses set forth in the preceding clause, either in whole or in part.
11.0 DISCLAIMER OF LIABILITY
11.1.The materials on the SITE are provided “as is”. The COMPANY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the COMPANY does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its SITE or otherwise relating to such materials or on any sites linked to this SITE.
12.1 The COMPANY bears no liability for any damages incurred by the buyer if SERVICES are suspended, either in whole or in part, due to Force Majuere events (which will be defined in clause 19).
12.2 The COMPANY’s responsibilities herein shall be limited to the operation of SERVICES with reasonable effort and COMPANY shall bear no liability and makes no guarantees of the accuracy, recency, utility, reliability, legality, or conformity with particular purposes of SERVICES (including web pages operated by the merchant), nor does the COMPANY bears any liability or make any guarantees that no third party rights have been infringed.
12.3 The COMPANY makes no guarantees that emails and content sent from the COMPANY’s webpages, servers or domains, are free from containing any malicious content such as computer viruses.
12.4 The COMPANY may provide information to the buyer and the merchant; however, the COMPANY shall bear no liability for actions that utilize such information.
12.5 The COMPANY shall bear no liability for any damages incurred as the result of the buyer violating these Terms and Conditions of Use.
12.6 Upon using SERVICES, the buyer must prepare and maintain at their own expense a client-side operating environment including but not limited to the network, computer or software used by the buyer. The COMPANY shall bear no liability for any damages, claims, demands, prosecutions, proceedings, deficiencies, losses or fines incurred due, including but not limited to the buyer’s operating environment or due to the maintenance thereof.
13.1If any provision of these Terms and Conditions of Use shall be found by any court of competent jurisdiction to be invalid or unenforceable for any reason whatsoever, the invalidity or unenforceability of such provision shall not affect the other provisions in these Terms and Conditions of Use, which shall remain in full force and effect.
13.2 The Parties hereby acknowledge that in entering into these Terms and Conditions of Use, it has not relied on any representation or warranty save as expressly set out herein or in any document expressly referred to herein.
14.1 The buyer shall not transfer, rent or move any rights or obligations pertaining to the use of SERVICES to any third party with or without informing the COMPANY.
15.0 FILING REQUESTS FOR PURCHASE
15.1 The buyer may file requests to purchase products and/or services from the merchant through the COMPANY pursuant to procedures set forth in these Terms and Conditions of Use. The COMPANY may also change including but not limited to the specifications of the filing procedures at a time of it choosing for the purpose of improving expediency for both the buyer and the merchant.
15.2 The delivery method and other transactional terms and conditions available when the buyer places orders depend on the merchant. The buyer shall be personally responsible for checking the terms and conditions prior to filing requests to purchase products and/or services.
15.3 When the buyer completes the filing process, a sales agreement between the buyer and the merchant has not been established for the products and/or services pertaining to the filed request. A sales agreement for the products and/or services pertaining to the filed request will be established when the buyer received the Payment Successful Notification. Provided, however, that depending on the merchant from which the buyer filed to purchase a product or from the delay of the system, the buyer may not receive the Payment Successful Notification. In such case, the sales agreement shall be established at the time either of the following occurs, whichever is the earliest:
(i) Correspondence indicating approval of the request from the merchant is sent, or
(ii) the product is shipped.
15.4 After completion of the filing process by the buyer, the merchant may reject the transaction. In such case, the buyer shall not be entitled to demand the merchant to fulfil the sales agreement but may request for the refund.
16.0 INTELLECTUAL PROPERTY RIGHTS
16.1 All content included in or made available through the COMPANY’s SITE, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of the COMPANY or its supplier and is protected by copyright laws. All other trademarks not owned by the COMPANY that appear on the SITE are the property of their respective owners.
17.0 GOVERNING LAW AND JURISDICTION
17.1 These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms and Conditions of Use against or relating to the COMPANY or any Indemnified Party under these Terms and Conditions of Use shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Kuala Lumpur Regional Centre of Arbitration (KLRCA) rules for the time being in force, which rules are deemed to be incorporated by reference in this clause. There will be one (1) arbitrator and the language of the arbitration shall be English.
18.0 VIOLATION OF OUR TERMS AND CONDITIONS OF USE
18.1 Violations of these Terms and Conditions of Use may result in a range of actions, including, without limitation, any or all of the following:
(ii) Account suspension and subsequent termination;
(ii) Criminal charges; or
(iii) Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
19.0 FORCE MAJEURE
19.1 The COMPANY shall not be liable to the buyer or be deemed to be in breach of the Terms and Conditions of Use by reason of any delay in performing or any failure to perform any of the COMPANY’s obligations if the delay or failure was due to any event or cause beyond the COMPANY’s reasonable control (hereinafter defined as “Force Majeure” events). Without prejudice to the generality of the foregoing, the following shall be regarded as events of Force Majeure:
(i) Act of God, explosion, flood, tempest, fire or accident;
(ii) War or threat of war, sabotage, insurrection, civil disturbance or requisition, act of terrorism or civil unrest;
(iii) Acts, restrictions, regulations, bylaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority:
(iv) Import or export regulations or embargoes;
(v) Interruption of traffic, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the COMPANY of a third party);
(vii) Health epidemics declared by the World Health Organization;
(viii) Interruption of production or operation, difficulties in obtaining raw materials labour, fuel parts or machinery; and
(ix) Power failure or breakdown in machinery.
19.2 Upon the occurrence of any of the events set out in clause 19.1, the COMPANY may, at its option, fully or partially suspend delivery/performance of its obligations hereunder while such event or circumstance continues. If any of the events set out in clause 19.1. shall continue for a period exceeding thirty (30) days, the COMPANY may forthwith terminate these Terms and Conditions of Use within thirty (30) days upon giving notice in writing to the buyer.
21.0 The COMPANY shall be entitled to suspend or terminate the provision of SERVICES thereto to any particular buyer or all buyers at any time without prior notice. The COMPANY shall bear no liability for any damages or loss incurred by the buyer as the result of the suspension or termination of the SERVICES.
21.0 GENERAL PROVISIONS
21.1 The COMPANY reserves all rights not expressly granted herein.
21.2 The COMPANY may modify these Terms and Conditions of Use at any time by posting the revised these Terms and Conditions of Use on the SITE. The buyer’s continued uses of the SITE after such changes have been posted shall constitute the buyer’s acceptance of such revised these Terms and Conditions of Use.
21.3 Nothing in these Terms and Conditions of Use shall constitute a partnership, employer, employee, legal representatives, subsidiary or joint venture or principal-agent relationship between the buyer and the COMPANY, nor does it authorise the buyer to incur any costs or liabilities on the COMPANY’s behalf.
21.4 The failure of the COMPANY at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
21.5 These Terms and Conditions of Use are solely for the buyer and the COMPANY’s benefit and are not for the benefit of any other person or entity, except for the COMPANY’s subsidiaries, legal representatives or employees.
21.6 The terms set forth in these Terms and Conditions of Use and any agreements and policies included or referred to in these Terms and Conditions of Use constitute the entire agreement and understanding of the parties with respect to the SERVICES and the SITE and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms and Conditions of Use, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms and Conditions of Use. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. These Terms and Conditions of Use may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
21.7 The buyer agree to comply with all applicable laws, statutes, regulations and codes including but not limited to anti-bribery, money laundering, cyber law and corruption and confirm that the buyer has and shall has in place all policies and procedures needed to ensure compliance with such requirements.
21.8 The buyer shall not misuse this SITE. The buyer shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the SITE which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the SERVICE; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the SITE.
21.9 If the buyer has any questions concerns or any issues in these Terms and Conditions of Use or on the SITE, please contacts us at: [email protected]