Terms And Conditions
The following terms and conditions constitute an agreement between you and WCT Hartanah Jaya Sdn Bhd Company No.201101035777 ((963911-K)) (“WCTHJ” “we” or “our” or “us”), the operator of the online marketplace known as http://paradigmmall-jb.com/ (the “Platform”). By visiting, accessing, browsing, navigating and/or making a purchase through the Platform, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”).
In these Terms of Service where the context so admits the following expressions shall have the meaning designated hereinbelow unless otherwise stated:
means your account opened with WCTHJ in connection with the Platform;
means design, text, data, graphics, images, user interface, visual interface, information, suggestions, guidance and other materials provided, made available or otherwise found through the Platform, excluding the User Content;
“Logistics Service Provider”
means a third party logistics service provider appointed by WCTHJ to offer their services to you, to pick up and deliver to you, Products purchased by you;
means a third party who is a tenant or licensee in any of the retail malls owned and/or managed by WCT group of companies;
means the payment services made available through the Platform as further described in Clause 7;
means the rules, information and/or policies developed by WCTHJ and published by WCTHJ on the Platform in connection with these Terms of Service from time to time (as more particularly described in Clause 2 below);
means the items, products, deals, goods and/or services made available or published on or through the Platform for sale or sold through the Platform by the Merchant;
means identification in respect of the Account (including without limitation Account’s username and password, your name, contact details, and/or other details contained in the Account);
“user”, “you” or “your”
means the user of the Platform or the buyer of the Products (as the case may be); and
means any information or data provided by the users, through or on the Platform.
2. THE PLATFORM
The Platform is an online marketplace that allows the Merchant to sell the Products to you. Except as set out in these Terms of Service, WCTHJ only acts as an intermediary between you and the Merchant and (where applicable) the Logistics Service Provider. WCTHJ is not involved in the sale and purchase transaction between you and the Merchant nor in the delivery transaction between you and the Logistics Service Provider, and WCTHJ shall not be liable to either you or the Merchants in relation to the Products or the Logistics Service Provider in relation to the delivery of the Products. You must resolve any dispute (if any) between you and the Merchant and/or Logistics Service Provider, directly.
The use of the Platform and/or the Services shall be subject to the Policies as may be developed and imposed on the users by us from time to time. Except as otherwise expressly prohibited or limited by applicable laws, we may amend, update, modify or supplement the Policies from time to time. You are responsible for reviewing such updated rules and Policies published by us on the Platform and/or notified to you from time to time.
3.1 You may freely and anonymously visit, access, browse and/or navigate through the Platform but if you wish to purchase any Products, you will be required to register and authorize the use and disclosure of your information for purposes of allowing us to facilitate the fulfilment of your purchase by the Merchant and (where applicable) delivery of the Product by the Logistics Service Provider.
3.2 You may be required to provide us with your personal information during the registration process and from time to time during your use of the Platform. By creating an Account on the Platform, you agree to be bound by the Policies and you consent to the processing of your personal information by us in accordance with our Personal Data Protection Notice. You shall ensure that all the relevant information made available to us are and remain true and accurate at each point of purchase. In the event that any third party personal information is provided by you to us, you are responsible for ensuring that all necessary consent has been obtained from such third party and that such third party has agreed to the processing of his/her personal information by us in accordance with our Personal Data Protection Notice.
3.3 The Registration Details must be kept confidential at all times and must not be disclosed to anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to [email protected]
3.4 You must be 18 years of age or over to register with us or to make purchases on the Platform. If you do not qualify under these Terms of Service, do not make any purchase on the Platform. By making a purchase on the Platform, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.
3.5 We reserve the right to suspend and/or terminate your Account at any time which will result in your inability to make purchases on the Platform.
3.6 If you chose to subscribe to our newsletter when you created an Account on our Platform, we will send you our newsletter and/or e-mails containing marketing information or other similar information that we think may be of interest to you. If you no longer wish to receive any e-mails from us, you can unsubscribe at any time by using the unsubscribe function in each e-mail message or you can contact us.
4. NO WARRANTIES IN RELATION TO THE MERCHANTS, LOGISTICS SERVICE PROVIDERS NOR PRODUCTS
4.1 The Merchants listed through the Platform with whom you may purchase the Products from and the Logistics Service Providers listed through the Platform whom you may select or who may be selected for you, to deliver Products to you, enter into contracts with us in relation to their use of the Platform and they may pay us a fee for the services we provide to them through the Platform. Notwithstanding the foregoing, we do not:
(a) recommend or endorse any of the Merchants/Logistics Service Providers/Products; nor
(p) make any representations or warranties with respect to the Merchants/Logistics Service Providers/Products or the ability of the Merchants or Logistics Service Providers to complete a transaction.
5.1 You acknowledge that the Content that we disclose is to the best of our knowledge or based on the information provided to us by third parties and do not constitute an opinion, recommendation or advice.
5.2 You are solely responsible to:
(a) evaluate the quality, adequacy, completeness and usefulness of all Products, Content, advice, opinions and other information obtained or accessible through the Platform; and
(p) seek further professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any decision based on any such materials or information. You agree that your use of the Content is solely at your own risk.
5.3 The timeliness, accuracy and completeness of any or all of the Content are not guaranteed. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time. We will not be responsible for any false or misleading information, or for errors or omissions or for the results obtained from the use of such Content.
5.4 In the event any third party Content infringes any intellectual property of any person, such third party shall be solely responsible to you for any loss or damage suffered by you as a result of the infringement. You may send us an email at [email protected] to report any such infringement.
6. CONTENT YOU POST OR SUBMIT
6.1 It is important that you act responsibly when providing any User Content to us and you shall at all times comply with the section below on User Obligations.
6.2 By posting or submitting the User Content through the Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant to us, our related corporations, subsidiaries, affiliates and contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute such User Content to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such User Content. We reserve the right to adjust, refuse or remove the User Content which does not comply with these Terms of Service.
7. PURCHASE AND PAYMENT
7.1 By adding a Product to your virtual cart on the Platform, checking out and making payment of the price of the Product, you shall be deemed to have made an offer to the Merchant to purchase the Product, on the price and terms as set out in the Platform.
7.2 Where you elect or have elected to have the Product delivered to you, by checking out and making payment of the shipping fee, you shall be deemed to have accepted the offer of the Logistic Service Provider (either selected by you or selected for you by the Platform) to pick up and deliver the Product to you (subject to the Merchant accepting your offer to purchase), on the shipping fee and terms as set out in the Platform as well as the Logistic Service Provider’s standard terms and conditions of delivery which are published by the Logistic Service Provider on its website and/or elsewhere.
7.3 Unless otherwise stipulated or permitted by us, all payments required to be made by you in respect of the Products shall be made via any of the Payment Services made available on the Platform by following the payment process set out on the Platform. The price payable in respect of the Products made available or published on or through the Platform for sale shall be as stipulated on the Platform.
7.4 The Payment Services are provided and operated by third party payment service provider engaged by us and all payments made via such Payment Services are subject to the specific terms and conditions applicable to the Payment Services imposed by the third party payment service provider in addition to these Terms of Service.
7.5 Please note that as the Payment Services are not operated by us, any payment dispute or fraud in connection with the payment made via the Payment Services will be referred to the relevant third party payment service provider. To the fullest extent permitted by law, we shall not be made responsible for any payment dispute or fraud not caused by us.
8. CANCELLATION, RETURN AND REFUND
8.1 Once you have received the order confirmation, you may not modify or cancel such order except with the agreement of the Merchant and on the condition that you shall indemnify us in full and hold us harmless against all loss, costs, damages, charges and expenses (including loss of profit) incurred by us as a result of such modification or cancellation. Notwithstanding the foregoing, you will not be able to modify or cancel an order once payment for your order has been processed by the bank.
8.2 We shall be entitled to refuse or cancel your order:
(a) at any time before the order confirmation is issued without giving any reasons despite the fact that you have made payment in respect of the Products; or
(p) if a merchant fails to accept your order.
If any payment has already been made by you and received by us in relation to an order which has been cancelled for the above reasons, we will refund the same to you in cash, kind, vouchers or combinations thereof, at our discretion.
8.3 You may apply for the return of the purchased Product and refund, if applicable, subject to and in accordance with the Policies and/or the relevant Merchant’s refund and return policy. Where the relevant Merchant’s policies apply, you are required to contact the relevant Merchant directly.
9. DELIVERY AND RISK
9.1 As part of the process of completing the purchase of the Products, you must select the method of delivery as follows:
(a) collect the Products from the Merchants directly through the self-pickup services offered by us; or
(p) deliver the Products to you.
9.2 If you require the Products to be delivered to you, we will, through our Logistics Service Provider, deliver the purchased Products to you at the place of delivery requested by you when you place your order and within the estimated delivery time indicated by us at the time of your order checkout or as updated in the order confirmation. Upon delivery of the Products, you may be required to sign and acknowledge receipt of the delivery or the Logistics Service Provider may take photographic proof of delivery (which you hereby consent to).
9.3 We shall notify you if our Logistics Service Provider is unable to meet our estimated delivery date or time, provided always that, to the maximum extent permitted by law, we shall not be liable to you for any losses, costs, damages, charges or expenses arising out of a delayed delivery.
9.4 In the event there are any delay in delivery, faults, defects or damage of the Products, please contact WCTHJ’s customer service representative at [email protected] You shall be able to provide the relevant information or documents relating to the Products when requested by our customer service representative.
9.5 Risk of damage to or loss of the Products shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Products, the time when delivery of the Products has been tendered. Unless otherwise agreed by us, we shall not be liable for any damage to or loss of the Products from the time when risk passes to you.
10. USER OBLIGATIONS
10.1 We may (but shall be under no obligation to) investigate if you have misused the Platform, or behave in a way, which we regard as inappropriate, unlawful or illegal. By visiting or registering for an Account on the Platform, you agree not to:
(a) use the Platform for unlawful, commercial, and non-personal purposes and for any purpose that is illegal or prohibited by these Terms of Service and applicable laws;
(p) compromise the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Platform;
(c) upload, post or transmit any material or information which is offensive, defamatory, obscene, unlawful, false, misleading, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
(d) attempt to gain unauthorized access to the Platform, user accounts, computer systems or networks through hacking, password mining or any other means;
(e) upload, post or transmit any unsolicited or unauthorised advertising or promotional materials, “junk mail”, “spam”, “pyramid schemes”;
(f) engage in any conduct which will violate any law or infringe our intellectual property rights or those of any third party in relation to your use of the Platform;
(g) upload, post or transmit any material which contains viruses, malicious codes or other computer codes, files or programs which are designed to limit or destroy the functionality or compromise the integrity of other computer software or hardware;
(h) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform;
(i) express or imply that any statements you make are endorsed by us without our specific prior written consent;
(j) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Platform;
(k) "frame" or "mirror" any part of the Platform, without our prior written authorization;
(l) use any code or other devices containing any reference to us or the Platform to direct persons to any other website and/or service;
(m) use the content contained on the Platform for any illegal, fraudulent or harmful purpose;
(n) use the Platform in any manner that could damage, disable, overburden and/or impair the operation of the Platform, our servers or networks, or interfere with any other party's use and enjoyment of the Platform, or violate any requirements, procedures, policies or regulations of such networks;
(o) use the Platform to violate the privacy or otherwise collect or store personal data of other users; and
(p) publicly disseminate information regarding the performance of the Platform or access or use the Platform for competitive analysis or benchmarking purposes.
10.2 Without prejudice to other rights we may have under these Terms of Service or in law, in the event that you are found to be in breach of any of the terms contained in this Clause:
(a) we shall be entitled to immediately block, suspend or terminate your use of the Account or the Platform;
(q) we shall have the right to remove any Content and/or User Content submitted, uploaded or transmitted by you to or through the Platform (if any); and
(r) you shall indemnify us in full and hold us harmless against all claims, loss, costs, damages, charges and/or expenses (including loss of profit) incurred and/or suffered by us as a result of such breach.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 Copyright on the Platform and Content (including designs, texts, graphics, logos, icons, user interfaces, visual interfaces and software) is owned or licensed by us and/or WCT group of companies (collectively “WCT Group”) and/or its third party licensors. You acknowledge that the Platform and any underlying technology or software used in connection with the Platform contain the proprietary information of WCT Group and/or its third party licensors. We grant you a non-exclusive, non-transferable, revocable license to use the Platform and the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Platform and the Content.
11.2 Except as expressly authorised by these Terms of Service, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform and/or Content;
(s) commercialise any information or services obtained from any part of the Platform;
(t) modify, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or use any part of the same to provide or incorporate into, any product of service provided to a third party; or
(u) copy, duplicate or download the Content.
11.3 If you use any of WCT Group’s or our third party licensor’s trademarks, rights in internet domain names and website addresses and other rights in trade names (“Marks”) in reference to our activities, products or services, you must include a statement attributing the Marks to us. You shall not use any of the Marks:
(a) in or as the whole or part of your own trademarks;
(v) in connection with activities, products or services which are not ours;
(w) in a manner which may be confusing, misleading or deceptive; and/or
(x) in a manner which disparages us or our information, products or services.
We may place advertisements in different locations on the Platform and at different points during your use of the Platform and/or Services. You acknowledge and accept that the advertisements may relate to third party’s goods and/or services and we shall not be made responsible for any such third party goods and/or services. You are advised to take the necessary measures to confirm and verify the accuracy of such advertisements with the relevant third party. To the maximum extent permitted by law, we shall not be liable or responsible in any manner whatsoever for any claims in connection with such advertisements.
13. LINKS TO OTHER SITES
13.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
14.1 Please note that we provide the Platform "AS IS" and without warranties. Save and except for any implied warranties which cannot be contracted out by law and to the maximum extent permitted by law, we hereby disclaim all warranties, with respect to the Platform, including without limitation any warranties that the Platform or the Products listed therein are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need.
14.2 Without prejudice to the foregoing, we do not represent and warrant, to the maximum extent permitted by law:
(a) that you will be able to access or use the Platform (either directly or through third-party networks) at times or locations of your choice;
(y) the accessibility, accuracy, reliability, timeliness, completeness or legality of information provided by users of the Platform, suggestions or recommendations or endorsements of services or products offered or purchased through the Platform, or any other data or information provided or received through Platform; or
(z) that the Platform will be secure, operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Platform and/or the server that makes the same available are free of computer viruses, timers, contaminants, Trojan-horses, routings, time bombs or other harmful or malicious codes, programs or component.
14.3 Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. For this purpose, we reserve the right, without prior notice, to remove your username or similar identifier in respect of your account if appropriate and we shall not be liable whatsoever for any loss arising from such removal. You acknowledge sole responsibility for and assume all risk arising from your access and use of the Platform.
15. LIMITATION OF LIABILITY
15.1 To the maximum extent permitted by law, in no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages, lost profits or income, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses howsoever arising, whether or not such losses and/or damages were reasonably foreseeable or even if we knew or should have known of the possibility of the same occurring.
15.2 Without prejudice to Clause 2, in the event WCTHJ is liable under these Terms of Service, WCTHJ’s maximum and cumulative total liability (including without limitation any liability for acts and omissions of its representatives) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, misrepresentation and any other damages and/or losses (“Claims and Losses”) howsoever arising under these Terms of Service shall, to the maximum extent permitted by law, not exceed the price paid for the Products, in respect of all Claims and Losses.
You agree to indemnify and hold us, our related corporations, contractors, successors, assigns, and third parties, and each of our and their respective directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including attorneys' fees, arising howsoever from or in connection with your access or use of the Platform, any breach, default, omission, misrepresentation, negligence, misconduct, non-observance and/or non-performance of these Terms of Service by you or on your part or of any other person for whose acts or omissions you are vicariously liable, whether in tort, contract or otherwise.
17.1 We may terminate and/or suspend your Account immediately, if there has been a breach of these Terms of Service, the Policies or other policies and terms posted on the Platform by you or by someone using your Registration Details. We may also deactivate your Account for any other reason, including inactivity for an extended period. We shall not be liable to you or any third party for any deactivation, termination and/or suspension of your access to the Platform. Further, you agree not to attempt to use the Platform after any such termination and/or suspension (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register).
17.2 You acknowledge and agree that if you cancel your Account, all your Account information on the Platform including without limitation the Registration Details will be deleted from our database.
17.3 Notwithstanding anything contained in these Terms of Service, any provisions in these Terms of Service which are capable of having effect after the termination of your registration shall remain in full force and effect following the termination of your Account.
18. FORCE MAJEURE
18.1 Neither party shall be liable to the other party or be deemed to be in breach of these Terms of Service by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Service, if the delay or failure was due to any cause beyond the party’s reasonable control, including but not limited to:
(a) fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
(aa) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(ab) acts, restrictions, regulations, by-laws, prohibitions, import or export regulations, embargoes or measures of any kind imposed by any governmental, parliamentary or local authority;
(ac) strikes, lock outs or other industrial actions or trade disputes;
(ad) pandemic, virus outbreak or government restraints;
(ae) difficulties in obtaining raw materials, labour, fuel, parts or machinery; or
(af) telecommunication, transportation, power supply, network or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
19. PLATFORM MAINTENANCE
It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Platform, which may temporarily degrade the quality of the Platform or result in a partial or complete outage of the Platform. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Platform.
20.1 Amendments to These Terms of Service
We reserve the right to amend these Terms of Service, the Policies and the other policies published on the Platform at any time. Upon any such change, we will post the amended terms and/or policies on the Platform or we may also attempt to notify you via electronic mail. Your continued access to and/or use of the Platform following such posting and/or notice shall constitute your agreement to be bound by these Terms of Service, the Policies or other policies published on the Platform, as amended. If at any time you choose not to accept these Terms of Service, including following any such modifications hereto, then you must stop using the Platform.
If any provision of these Terms of Service is held by any court of competent authority to be invalid, illegal or unenforceable in whole or in part, such provision shall be deemed to be severed from these Terms of Service without affecting or impairing the validity, legality and enforceability of the remaining provisions or remainder thereof, and the remaining terms and conditions shall nevertheless continue in full force and effect.
20.3 Governing Law
These Terms of Service shall be governed and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction hereto.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
20.5 Entire Agreement
These Terms of Service and any supplemental terms, policies, rules and guidelines published through the Platform including the Personal Data Protection Notice, constitute the entire agreement between you and us relating to the subject matter hereof and supersede all previous written or oral agreements, arrangements or understanding between the Parties.
The headings in these Terms of Service are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of these Terms of Service or any terms or conditions therein.
You may not assign, transfer or sublicense these Terms of Service to anyone else and any attempt to do so in violation of this section shall be null and void.