TERMS OF USE

NOTICE: The terms and conditions below are in the process of being updated, therefore the terms and conditions below are applicable in the interim. The latest version shall be provided in due course.

1. INTRODUCTION

1.1 Welcome to www.maghilaluh.com website (hereinafter “the Site”). Your trust to the Site is of the utmost importance to us. The Terms of Use govern your access, the usage of the services provided by the Site or within the Site. Hence, we strongly advise you to read carefully about the Terms of Use before using the Site. If you have any doubts, queries, opinions or suggestions towards the Terms of Use, kindly contact us.

1.2 By accepting the Terms of Use, there is a legally binding agreement between you and the legal and rightful owner of the Site.

1.3 The Site provides the service by acting as a platform for the Vendor to sell and trade goods to the Buyer and the Site does not interfere, take part or involve in the contract, agreement and/or transaction made between the Vendor and the Buyer hence we are not responsible or liable for any disputes or claims arise from the said contract, agreement and/or transaction.

1.4 The Site reserves the right to change, modify, alter, vary, add, remove or substitute the Terms of Use at any time without prior notice or upon notice as required by law or authority. Kindly refer to the latest Terms of Use to understand your legal position.

1.5 You are deemed to be bound by the Terms of Use of the Site once you have become a user of the Site by opening an account in the Site. By doing so, you have given an irrevocable consent to the Terms of Use. Please do not use the Site if you are not agreeable to the Terms of Use.

1.6 If you are under the age of majority or the legal age to give consent, e.g. under the age of eighteen (18) in Malaysia, kindly do not use the Site or consent to the Terms of Use without the permission of your parent(s) or legal guardian(s). If you are the parent(s) or the legal guardian(s) of the minor who intends to be a user of the Site, kindly be informed that you are deemed to be bound by the Terms of Use and responsible for the conduct of the minor once you have given consent or permission to the minor to be a user of the Site. Please do not use the Site if you are not agreeable to the Terms of Use.

2. USE OF THE SITE

2.1 By becoming a user of the Site, you have been granted a non-transferable, non- exclusive and limited license and right to use the Site which is revocable and subject to

termination without prior notice by the Site if you are found violating, breaching or acting against the Terms of Use.

  1. 2.2  The user shall not be acting for or on behalf of the third party.

  2. 2.3  Any links posted under the description should not link to any third party website

without any authorisation, permission or consent from the Site or it is considered as a violation of Terms of Use.

2.4 All goods sold must comply with the Terms of Use where the Vendor must provide a fair, complete and accurate description of the goods and the Site is not liable for any misrepresentations, misleading information, legality, quality or morality of the goods.

3. PRIVACY AND PERSONAL DATA

3.1 Upon signing up as a user, the personal data submitted is deemed to be jointly owned by the Site and the User.

3.2 All information shared by the User will be used or utilised by the Site subject to our Privacy Policy as set out in Schedule 1 and any other relevant law and statutes.

3.3 Submitting false, fake or unauthorised use of third party’s information amount to violation of the Terms of Use and the Site is not liable or responsible for any subsequent actions taken against the said conducts.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 All intellectual property rights should be protected in order to maintain the Site as a safe and trusted platform for trade of goods. Kindly refer to Schedule 2 to understand more on Intellectual Property Rights in relation to the Site.

4.2 The Site or the relevant and recognised third party proprietor owns the right, title and interest of the trademark, copyright, patent or any other intellectual property rights of the intellectual property featured in the Site and any user that infringed the intellectual property rights amount to violation of the Terms of Use.

5. ORDER

5.1 An order is placed when the Buyer adds item into the shopping cart, fills in details required for delivery and make necessary payment in accordance to Clause 6.

5.2 It is Buyer’s responsibility to confirm the details of order placed such as quantity, price, colour, flavour, other specifications of goods, details of receiver of goods including name, address and email etc before making payment or placing an order. The Site or the Vendor shall not be made responsible for any mistakes made by the Buyer for placing a wrong order.

5.3 Order can only be made for goods that are available on the Vendor’s product listing.

5.4 Once an order is placed, the Site will notify the Vendor and the Vendor has the right whether to accept or reject such order. Once the order is accepted, there will be a contract between the Vendor and the Buyer which can only be discharged by delivering the goods and accepted by the Buyer.

5.5 The Vendor has the right to limit the quantity of goods sold in an order and if the Vendor elects to cancel the order, the Buyer must be notified for such cancellation.

6. TERMS / METHODS OF PAYMENT

6.1 As an e-commerce platform, the Site currently supports payment via the following methods which are subject to change from time to time:-

  1. 6.1.1  credit/debit card (visa or mastercard);

  2. 6.1.2  online banking i.e. F.P.X.;

  3. 6.1.3  cash on delivery;

  4. 6.1.4  payment voucher or code;

  5. 6.1.5  PayPal; and

  6. 6.1.6  Stripe.

6.2 Once the payment has been received by the Site after acceptance of order by the Vendor, there will be an agreement between the Vendor and the Buyer and the Vendor shall deliver goods in the preferred or prescribed manner as set out in Clause 8 which may subject to stipulated delivery fees to discharge from the agreement made.

6.3 The payment will only be released to the Vendor by the Site when the goods are delivered to the Buyer.

  1. 6.4  The Vendor should provide the Buyer invoice and/or receipts for the transaction.

  2. 6.5  As User of an e-commerce platform, the User is bound by third party terms such as e-

payment gateway terms that may arise from certain method of payments in order to make or receive payment and perfect the transaction. Kindly take note to read the third party terms carefully before accepting the terms as the Site is not responsible to review or update the terms or contents from third party service provider.

7. PRICE

7.1 The price showed by the Vendor should be the final price of the goods which includes any taxes, tariffs, duties and levies and there should not be any other additional or hidden costs or charge. The final price showed may excludes delivery fees and administrative fees, if any, imposed by the relevant financial service provider in accordance with choice of payment method.

7.2 The price showed by the Vendor should be the final price of the goods and is not subject to any bargain or negotiation between the Vendor and the Buyer.

7.3 The Site is not responsible if the Vendor has mispriced the goods unless the mistake is caused by the Site due to some technical issues which cancellation of order can be provided as a remedy.

7.4 The price of goods may alter during promotional offer event, campaign or discount that the Vendor has agreed to take part in.

7.5 The Vendor should not alter the price of goods after an order has been placed.

8. DELIVERY OF GOODS

8.1 Upon receiving notification of order of goods from the Site and settlement of payment by the Buyer, the Vendor is under a duty to deliver such goods to the Buyer via the selected or available methods of delivery to the Buyer within X (X) business days unless there is any reasonable reasons for not being able to do so where the Site and the Buyer should be given notice, reasons and the next expected delivery date.

8.2 The Site is not responsible for any disputes or claims arise between the Vendor, delivery service provider, financial institution and the Buyer in relation to delivery of goods.

8.3 The delivery fees may vary due to the receiver’s address, quantity of goods, delivery service provider, customised delivery requests and other reasons. Kindly take note that it is the Buyer’s duty to bear such delivery fees unless it is waived by the Site or the Vendor for reasons such as promotional period or event, voucher code, discounts or other reasons.

9. RISK

  1. 9.1  The User of the Site must buy and sell at your own risk.

  2. 9.2  All risk in the goods shall pass to the Buyer upon delivery, except if there is any delay

due to refusal to accept goods delivered, erroneous delivery address or any other reasons due to Buyer’s omission, then risk shall pass to the Buyer when delivery is conducted.

9.3 The Site shall not be made liable or responsible for any damages, losses, costs or liabilities upon passing of risk.

10. WARRANTY

10.1 The Site excludes and disclaims all express, implied statutory or otherwise conditions, representations and warranties to the fullest extent permitted under the law.

10.2 The Site shall not be made liable or responsible for any limitations, delays, failure in delivery, damages, costs, losses or liabilities for the glitch, defect, bug and irregularity caused by the User’s electronic device or electronic communication.

10.3 The Site shall not be made liable for the conditions, representations and warranties made by the Vendor or third party sites or applications despite it is being featured in the Site.

11. RETURN, REFUND OR REPLACEMENT OF GOODS AND CANCELLATION

11.1 For any reasons stated hereinbelow, the Vendor shall be responsible to either return, refund or replace the goods upon the request and notification of the buyer or the Site when the goods are:-

  1. 11.1.1  wrongly delivered;

  2. 11.1.2  expired;

  3. 11.1.3  insufficient in stock;

  4. 11.1.4  not of merchantable quality;

  5. 11.1.5  has become illegal/prohibited goods in the sender’s or recipient’s country; and/or

  6. 11.1.6  damaged.

11.2 Prior to delivering the goods, the Vendor has the right to cancel the order for the reasons stated in Clause 11.1 provided that sufficient notice has been informed to the Buyer and the Vendor undertakes to refund.

12. SELLING OF ILLEGAL AND/OR PROHIBITED GOODS

12.1 As a safe and trusted platform, selling of illegal and/or prohibited goods amount to violation to the Terms of Use. As a platform for selling for such goods, the Site not responsible for any of the actions arise for selling such goods. For further information, kindly refer to the list of illegal and/or prohibited goods as set out in Schedule 3.

12.2 Upon receiving any report or information of any user suspected or actually involving in selling of illegal and/or prohibited goods, we reserve the right to but are not obliged to:-

12.2.1 review or investigate the account;
12.2.2 make report to relevant authority;
12.2.3 disclose any information or personal data to relevant authority; 12.2.4 take action against the user;
12.2.5 investigate the activities of the user; and/or
12.2.6 other relevant actions.

13. VIOLATION

13.1 Violation of the Terms of Use may result in:- 13.1.1 warning;

13.1.2 product delisting;
13.1.3 suspension of account;
13.1.4 temporary or permanently termination of account; 13.1.5 criminal charges;
13.1.6 civil action; and/or
13.1.7 other relevant actions.

14. TERMINATION

  1. 14.1  Termination by User:-

    1. 14.1.1  theUsermayatanytimeterminatetheaccountbyeffectivelynotifyingtheSite in relation to the intention of terminating as;

    2. 14.1.2  the User is advised to stop using the Site immediately after the notification of termination to avoid unwanted disputes.

  2. 14.2  Without prejudice to any right or remedy the Site may have against the user for breach

of the Terms of Use, the Site shall have the right to terminate the account of the user, on the user committing a material breach of the Terms of Use providing that (where the breach is capable of rectification) the user has been advised in writing of the breach and has not rectified it within fourteen days of receipt of such advice.

14.3 Effect of Termination:-

  1. 14.3.1  Upon termination, the Site will cease the account of the User immediately;

  2. 14.3.2  theterminationdoesnotterminatetheagreementsthathavebeenmadebetween the Vendor and the Buyer prior to the termination.

15. GOVERNING LAW AND JURISDICTION

15.1 The Terms of Use and any disputes or claims arising out of or in connection with its subject matter (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by the laws of Malaysia and subject to the exclusive jurisdiction of the Courts of Malaysia.

16. DISPUTE RESOLUTION

16.1 In the event if there is any dispute arises between any party, each party will act in good faith to resolve any disputes and only in the event of failure to resolve such differences will the following dispute resolution procedures to be activated.

16.2 The Parties agree to resolve all disputes arising hereunder promptly, equitably and in a good faith manner within a period of thirty (30) days from the date of the dispute. The parties further agree to provide each other with reasonable access during normal business hours to non-privileged records, information and data pertaining to any such dispute.

16.3 If mutual attempts as set out in Clause 16.2 above fails, the Parties agree to attempt to resolve all disputes by way of Mediation which shall be held at the Asian International Arbitration Centre in Kuala Lumpur (“AIAC”) and shall be determined under the Rules for Mediation of the AIAC as in effect at the time of reference of the dispute.

17. ARBITRATION

17.1 In the event that any dispute cannot be resolved between the Parties pursuant to Clause 16 then such dispute shall be settled exclusively and finally by arbitration and the following provisions shall apply:-

  1. 17.1.1  The arbitration shall be held at the Asian International Arbitration Centre in Kuala Lumpur (“AIAC”) and shall be determined under the Rules for Arbitration of the AIAC as in effect at the time of reference of the dispute;

  2. 17.1.2  The appointment of arbitrators shall be conducted in accordance with the Arbitration Act 2005 of Malaysia or any other law amending or replacing the act, whereby such arbitration shall be conducted by one (1) arbitrator appointed by mutual agreement, failing which, the arbitrator shall be appointed by the Director of the Asian International Arbitration Centre (“Arbitral Tribunal”). The Arbitral Tribunal shall be suitably qualified by education or experience to

determine the dispute or difference provided always that no person shall be appointed an arbitrator who, at the time of appointment, is or was an employee, consultant or agent of either Party, its subsidiaries or affiliates or was retained by either Party in an advisory capacity;

  1. 17.1.3  The English language shall be used to conduct the arbitration and the Arbitral Tribunal shall give full written reasons of both law and fact for its decision;

  2. 17.1.4  Any decision or award of the Arbitral Tribunal shall be final and binding upon the Parties;

  3. 17.1.5  The Parties agree that the arbitration award may be enforced against the parties to the arbitration proceedings or their assets wherever they may be found and that a judgment award may be entered in any court having jurisdiction thereof. Nothing in this clause shall prevent a Party from seeking urgent equitable relief before an appropriate court in Malaysia; and

  4. 17.1.6  The reference of any dispute to arbitration in accordance with this clause shall not excuse the Parties from continuing with the performance, rights and obligations under the Terms of Use which are not affected by the dispute and shall remain in full force and effect pending an award in arbitration proceedings, which award shall determine the matter in dispute, including but not limited to interpretation and whether and when termination of this agreement shall become effective.