Ebeli TERMS AND CONDITIONS
Welcome to ebeli.com.my website (the “Site” or “Platform”). These terms and conditions (“Terms and Conditions”) set out below shall govern the use of the Site, of the User, the Site, Mysttec Sdn. Bhd. and all of its divisions, if any.
ebeli.com.my is a web platform that wholly owned by Mysttec Sdn Bhd., a company incorporated in Malaysia (Co.No.:1189720-W), with a registering address at 49B, Jalan SS25/2, Taman Bukit Emas, 47301 Petaling Jaya, Selangor Malaysia.
By accessing the Site, you (“You”, “User” or “Buyer”) agreed and confirmed that You have read and understand of the Terms and Conditions set out within, if You do not agree to any provision within these Terms and Conditions, You should immediately stop using the Site and notify us in writing to terminate Your membership with immediate effect.
We merely provide a web platform for You to purchase a product or service from the vendor, products sold or services rendered is between the vendor who may be a third-party seller and You, we are not involved directly in the transaction.
As such, we are not liable to or responsible for the legality, quality, safety or availability of products offered on the Site or purchased on behalf of the Buyers, or the completion of a transaction between the seller and the buyer.
ebeli.com.my is merely Your logistics agent to assist You to ship back Your shopping that You have bought them Yourself. All product payment pre and post sales issues are to be dealt with the seller directly by User. ebeli.com.my reserves the right to reject any unpaid or dispute parcel upon arrival at our warehouse. User may consolidate the parcels but no inspection on our site shall be provided. User will be provided ebeli.com.my warehouse address in his or her account to forward to seller to send the parcel to.
USE OF THE SITE
We grant You a revocable and non-transferable right to use the Site. However, we may, from time to time, amend and update the Site and the Terms and Conditions without any prior notices at our sole discretion. Any amendments and updates shall have immediate effect on the use of the Site.
Continuation use of the Site means You have read and agreed to the amendments and updating of the Site and Terms and Conditions. Any breach of these Terms and Conditions shall result in the immediate revocation of the right granted to You.
Contents on this Site is solely for information purposes. Certain services and related features on this Site may require personal information and registration before You can access to the Site. When You register, and provide us current and accurate information about Yourself, You have expressly agreed Yourself to be bound by the Terms and Conditions on use of the Site, services and its related features. Your password is an important personal identification allows you to browse the Site, hence it is Your sole responsibility to keep it safe and not disclose to any third party. You must notify us immediately if You suspect any unauthorised use of Your password, or suspect that You might have unintentionally leak the password to a third party. The Site shall not be held responsible or liable, directly or indirectly, in any way for any loss or damages of any kind incurred as a result of Your negligence to safe keep Your password.
You are prohibited from using the Site:
1. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
2. To defame, harm, harass, insult, abuse, intimidate, discriminate, disparage or slander based on gender, religion, ethnicity, sexual orientation, race, national origin, disability or age.
3. For any unlawful purpose or to solicit other to participate or perform such practices.
4. For any obscene or immoral purpose.
5. To submit false or misleading information.
6. To interfere or circumvent the security features of the Site.
7. To track or to collect information of other Users.
8. To transmit or upload viruses or any malicious code that will affect the operation and functionality of the Site.
9. To infringe upon or violate our intellectual property rights or of the others.
10. To stalk, harass or otherwise harm another User of the site, our employees or other third parties.
We shall remove contents that are misleading, provocative and inaccurate, or are not in accordance to Malaysia laws and regulations.
We shall have the right, royalty-free to use, modify and reproduce any of Your submissions to the Site including but not limited to, comments, suggestions, questions, remarks and reviews (collectively, submissions). We shall also have the right to use the name that You submitted in connection with such comments, suggestions or other contents.
You are prohibited to submit including but not limited to, illegal, obscene, defamatory, religions, political, infringement of intellectual property rights, (including publicity and copyrights, threatening remarks, invasive of privacy, or otherwise injurious to third parties or objectionable. You shall not use a false email address, impersonate any person or entity, or otherwise mislead us to third party as to origin of the submission. You are also prohibited to submit contents that consist of software viruses, commercial solicitation, mass mailings, chain letters, or any form or unsolicited commercial electronic messages. We may but shall not be obligated to, edit or remove any submissions. Furthermore, we take no responsibility and assume no liability for any contents posted by You or any third party.
You are required to register an account(“Account”) on the Site before You can use our services and any related features on the Site. We reserve the right to refuse, reject, terminate and/or suspend Your Account and use of our Site, if You have provided dishonest, incomplete, false and outdated information about Yourself when using the Site.
You are solely responsible in safekeeping activities and information of your Account. You must not share Your account with any third party, and if You do and if it causes irreparable harm to us and we shall be indemnified against any loses or damages, including but not limited to loss of profits suffered as a result of misuse/mishandling of an Account. Creating of multiple Accounts on the Site with the intention to misuse of our services, abusing of our staff is strictly prohibited. We shall not be liable for any losses or damages arising from Your non-compliance of the Terms and Conditions.
ACCEPTANCE OF ORDER
Please note that there are cases that we cannot process orders and/or services for various reasons. The Site reserve the right to cancel, refuse or discontinue an order and/or service for any reason at any given time, even after acceptance of the order and/or the service. The discontinuance shall be without any liability to us save for refunds based on our Refund Policy set out below. You may be asked to furnish additional verifications and/or information, before an order/or a service be accepted
While every effort is being made and it is our determination to display the most accurate pricing information on the Site for our Users, however, errors may still exist, such as an item is incorrectly priced, as such, we will as soon as possible, inform You and, You may either cancel the order or, to top-up the price differences and reconfirm the order at the correct price. If an order is cancelled, refund will be made according to our Refund Policy set out below.
All applicable taxes, duties, licences, permits shall be borne by You, including any additional processing cost or documents requested by relevant authorities and government agencies.
OWNERSHIP OF PROPRIETARY RIGHTS
All patents, copyrights, trade secrets and other proprietary rights in or related to the Site are, and will remain the exclusive property of ebeli.com.my, whether or not specifically recognized or perfected under the laws of Malaysia. User will not take any action that jeopardizes ebeli.com.my proprietary rights, or acquire any right in the Site, except the limited rights specified in this Agreement. ebeli.com.my will own all rights in any copy, translation, localisation, modification, adaptation or derivation of the Site including any improvement or development thereof.
The Marks are, and will remain the exclusive property of ebeli.com.my, whether or not specifically recognised or perfected under the laws of Malaysia. User will not acquire any right in the Marks, except the limited rights it granted and specified by ebeli.com.my. Users will not register directly or indirectly, any trademarks, service mark, trade name, company name, internet domain name or other proprietary or commercial right that is identical or confusingly similar to the Marks or that constitute translation thereof into any language spoken within Malaysia. ebeli.com.my may apply for registration of the Marks in the jurisdiction of Malaysia but will have no liability if it does not do so or it registration is not obtained or is for any reason denied.
INFORMATION AND CONFIDENTIALITY
User consents to the collection, use and/or transfer of personal information and/or correspondence supplied by User and/or its agents, representatives, employees or other related third parties (“Personal Information”) by ebeli.com.my, subject to the provisions of applicable law. ebeli.com.my may use and/or further transfer such Personal Information for the purpose of:
i) processing order and/or service;
ii) managing Users’ Account with ebeli.com.my
iii) compiling aggregate statistics of the distribution and use of the Site.
Users acknowledge that the Site incorporate confidential and proprietary information developed or acquired by or licensed to ebeli.com.my (“information”). User will take all reasonable precautions necessary to safeguard the confidentiality of the information. User will not remove or allow the removal or defacement of any confidentiality or proprietary notice placed on the Site or other items of information. The placement of copyright notice on these items will not constitute publication or otherwise impair their confidential nature. User will use the information solely for placing order and/or service, and manage its member’s Account. User will not translate, modify, adapt, decompile, disassemble or reverse engineer the Site. User acknowledge that any unauthorised use or disclosure of the Site or any other item of information may cause irreparable damage to ebeli.com.my, If an unauthorised use or disclosure occurs. User will promptly notify ebeli.com.my and take, at User’s expenses, all steps that are necessary to recover the information and to prevent its subsequent unauthorised use or dissemination, including availing itself of actions for seizure and injunctive relief. If User fails to take these steps in a timely and adequate manner, ebeli.com.my may take them in its own or User’s name and at User’s expense.
We may, in addition to any other legal or equitable remedies, without prior notice to You, revoke or terminate the right granted to You using the Site. We may remove part of or terminate whole of Terms and Conditions of the Site. In such cases, Your password(s) and member identification issued to You shall immediately be revoked and deny Your access to the Site in whole or in part.
CONSEQUENCES OF TERMINATION
Upon termination of this Agreement for any reason, all rights granted to User hereunder will immediately cease and User will pay ebeli.com.my all due and outstanding amounts, as well as any amount that had not become due, the due date of which will be automatically accelerated to the date of termination of this Agreement.
User shall immediately cease accessing the Site in whole.
Upon the termination of this Agreement, User will not be entitled under local law or otherwise, to receive any payment from ebeli.com.my, whether for actual, consequential, indirect, special,
or incidental damages, costs, or expenses, whether foreseeable or unforeseeable (including but not limited to, labour claims and loss of profits, investments, or goodwill), any right to which User hereby waives and disclaims.
Neither User, nor ebeli.com.my shall be liable for any failure or delay in performing an obligation under this Agreement that is due to causes beyond its reasonable control, such as natural catastrophes, government acts or omissions, laws or regulations, labour strikes or difficulties, transportation stoppages or slowdowns or the inability to procure orders or services. These causes will not excuse User from paying accrued amounts due to ebeli.com.my through any available lawful means acceptable to ebeli.com.my
If any provision of this Agreement is held to be unenforceable in whole or in part, such holding will not affect the validity of the other provisions of this Agreement, unless ebeli.com.my deems the unenforceable provision to be essential to this Agreement, in which ebeli.com.my may terminate this Agreement, with or without prior notice to the User.
The Agreement shall be interpreted in accordance with the laws of Malaysia.
TERM OF USE
The Agreement shall be interpreted in accordance with the laws of Malaysia.
1.) PRODUCTS AND INFORMATION DISPLAY ON THE SITE
Certain Products showed on the Site are uploaded by sellers and are not manufactured/sold/endorsed by ebeli.com.my. When user submitting, and confirmed an order or service, it is presumed that User has the full knowledge and understanding of the products that the User is purchasing, ebeli.com.my will not be liable for any after-sales issues from misinterpretation of the products descriptions and prices. Certain products description on the Site were translated into English via internet translation tools, and it is for a rough reference only. To avoid misunderstanding or confusion. User is advice to visit the seller’s original website for the rightful description before confirming an order and/or service.
2.) INTERNATIONAL SHIPMENT
If a product bears a logo of an international brand, or due to its length, weight or volume, ebeli.com.my reserves the right to disallow or change the shipping option of the product.
3.) PRODUCTS AVAILABILITY AND USAGE
Stock level shows on the Site may not reflect the real stock level in the real time, in particular certain fast moving products, hence there is no guarantee on their availability. ebeli.com.my will not be held responsible on products that are out of stock. User’s money will be refunded according to ebeli.com.my Refund Policy, if a product is out of stock. ebeli.com.my is not liable for problems rising from product usage, including but are not limited to damage, injury and safety issues. Any information made available in ebeli.com.my website, including text, photographs, drawings, extent of delivery, appearance, usage, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and are for information purposes only. When confirming order of a product or service, User acknowledge that it does not rely on, and waives any claim based on any such representations or information not so confirmed.
4.) TYPOGRAPHICAL ERROR OR OMISSION
Any typographical error or omission in the Site or other documents or information issued by ebeli.com.my shall be subjected to correction without any liability on the part of ebeli.com.my.
User may select from various payment modes made available in the Site. However, Terms and Conditions below are applicable to each of the different payment modes:
5.1. E-banking (Real time)
Payment is done via MOLPAY, an established and reputable payment gateway company in Malaysia. However, User is advised that payment through this method is subjected to a processing fee of 2.4% of the transacted amount.
5.2. Manual Internet Banking (Free)
By choosing this payment mode, User may choose to transfer payment to one of ebeli.com.my bank accounts, namely Maybank, UOB or Public Bank. This payment mode is subjected to User’s bank service charged, if there is any.
5.3. ATM Transfer (Free)
User may choose to make payment through Automated Teller Machine to transfer fund to ebeli.com.my one of the three bank accounts, namely Maybank, UOB and Public Bank.
5.4. Credit and Debit Cards
This service is temporary not available. Announcement will be made when it is functioning.
User who made payment through E-banking the transaction is real time. User who made payment through Manual Internet Banking (5.2) and ATM Transfer (5.3) is advised to provide us with transfer details for verification purposes. Payment made through 5.2 & 5.3 shall take several working hours to not more than two (2) workings days, depending on payer bank, to verify and confirm the payment.
6.) WALLET (TOP-UP)
When User registered as a member in the Site, he or she will be assigned an account with ebeli.com.my, and before the User can make an order or service in the Site, certain amount of fund need to be transferred to the User member Account, known as Wallet (or Top-Up), the Wallet is unique to each User and it is a prepaid amount before a purchase can be made and when an order is placed, relevant amount such as good or service price, delivery/shipment charges, agent fee, any add-on services required, and applicable taxes, if there is, will be deducted from the Wallet. ebeli.com.my reserves the right to adjust the balance in the Wallet, if it does not match the actual transactions made by the User.
User may at any time Top-Up or request to withdraw the balance in his or her Wallet to a designated local bank account. The withdrawer process will take approximate 3 to 5 working days to complete. However, if withdrawer requested is on payment made through E-banking immediately after the payment or Top-Up was made, in this case the requested amount to be remitted will take approximate 5 to 12 working days to complete, this is due to E-banking is processed by a third party-MOLPAY. Any vouchers, credit points that credited to Wallet shall not be withdrawn as cash for remittance purposes.
7.) VOUCHERS AND CREDIT POINTS
Use of vouchers shall be limited and adhere to the Terms and Conditions printed on the voucher itself or any ad hoc provisions in the Site that attributable to it. All vouchers will have the expire date printed on it and must not be used after that date. Ebeli.cpom.my reserves the right to discontinue any vouchers at any time without any notice or liability, or to extend the validity of any vouchers beyond the stated expiration date.
Certain credit points will be awarded when a User successfully registered as a member, or when the User make a purchase or when ebeli.com.my announces a promotion. Every 100 credit points can be redeemed and converted equivalent to RM1.00 to off-set against shipment/delivery charges. Credit points redeemed cannot be used to off-set any other but shipment/delivery charges only.
If the promotion is held by third-party, the seller, promoting such as but not limited to, member-only discounts, limited-edition sales, limited-time sales and promotion vouchers, ebeli.com.my is under no obligation to perform User’s order within the stipulated timeframe, and ebeli.com.my shall not be held liable should the order failed to be placed within the promotion period. However, if the order only managed to be placed after the stipulated promotion timeframe. ebeli.com.my will notify User of the new ordered price, User will need to decide whether to make up the price difference to proceed with the order, or to cancel the order.
9.) DOOR TO DOOR DELIVERY
ebeli.com.my may not be able to deliver order to certain areas that are too remote or restricted, in this case, User is advised to provide alternate accessible delivery address. Door to Door delivery fee is calculated based on number of parcel, so if more than one parcel is delivered to a same address at the same time, the delivery fee will be calculated based on the number of parcels delivered and not the trip of delivering.
10.) AFTER SALES
Please email to us at firstname.lastname@example.org should User encounter any after sales issues.
ebeli.com.my team shall revert to User query as soon as possible or within 1 - 2 working days.
11.) STORAGE AND NO CLAIM PARCEL
Please refer to our Policy for more details.
12.) CANCELLATION OF ORDER BY USER
ebeli and Buy For Me
When order status reaches Processing and onwards, User will be held liable for any fees
incurred as a result of his or her cancellation request.
Ship For Me
If the parcel is received in ebeli.com.my warehouse, User will be held liable for any fees
incurred as a result of his or her cancellation request.
13.) RETURN AND REFUND OF AN ORDER
Please refer to ebeli.com.my Return and Refund Policy
ebeli.com.my reserves the right at any time, with or without prior notice, to amend, modify,
suspend of terminate all or part of the benefits enjoyed by its members in general or as an
individual case. Please refer to the Site for more details on membership.
15.) LIABILITY AND WARRANTY
a) ebeli.com.my or Mysttec Sdn. Bhd., the owner of the former, shall be under no liability in
respect of any defect arising from improper or unsuitable use, defective installation or
commissioning by the User or third parties, any fair wear and tear, wilful damage,
negligence, ignorance, abnormal working conditions, improper maintenance, excessive
load, defective or negligence handling, poor work, unsuitable operating and replacement
of materials, unsuitable foundation, electro-technical, electronic, electric or chemical
influences, failure to follow ebeli.com.my instructions, orally or in writing, misuse or
alteration repair without ebeli.com.my approval.
b) ebeli.com.my or Mysttec Sdn. Bhd., the owner of the former does not guarantee:
- that the provision of the Site or services will be uninterrupted, secure or free from errors or inaccuracies, or that any identified errors will be corrected;
- the adequacy, timeliness, accuracy, commercial value or completeness of data or information contained in the Site or services;
- the Site or the services are free from any computer virus, or other destructive, malicious or corrupting code or program;
- the security of information transmitted by or to User through internet or electronic mail will not be interrupted, blackout, delayed, access by unauthorised third parties purporting as ebeli.com.my officers, employees, agents or the User.
c) User of the Site on services or products provided, shall not hold the director, managers, employees, agents or contract workers of ebeli.com.my or Mysttec Sdn. Bhd., the owner of the former, liable for any direct, indirect, incidental, special, punitive or consequential damage of any kind, on loss of profits, loss of revenue, loss of savings, loss of information or data, opportunity costs, replacement costs, injury or any similar damages, including but not limited to any loss or damage of any kind incurred as a result of the use of the Site due to any errors or omissions in any contents, posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.
d) ebeli.com.my or Mysttec Sdn. Bhd., the owner of the former, its liability to the User for direct loss arising from use of the Site is limited to the greater of: -
i) Amount of goods sold on ebeli.com.my inclusive of shipment charges and agent fee.
ii) The amount of fees in dispute that do not exceed the total amount of the goods.
16.) THE SELLER AND Third PARTY’S SITES
User acknowledge that ebeli.com.my or Mysttec Sdn. Bhd., the owner of the former is not responsible, but not limited to the accuracy, compliance errors, omissions or copyright of information, data, photos, pictures, video, musical, texts, illustrations, images, voices, languages, gesture, presentation, guarantee or warranty, on any seller or third party’s sites that link to the Site, such link(s) provided merely for the convenience of User and shall not therefore, expressly or implied, that ebeli.com.my or Mysttec Sdn. Bhd.., the owner of the former, is in associate with, or endorse of, or warranty of such link(s) of the seller or the third party.
17.) INSOLVENCY OF USER
If the User becomes bankrupt or makes any voluntary arrangement with its creditors, or subject to an administration order, or goes into liquidation, or an encumbrancer or a receiver is appointed to take possession of any of the property or assets of the User, ebeli.com.my or Mysttec Sdn. Bhd., the owner of the former, shall be entitled to cancel, remove or revoke the User membership immediately and suspend any future delivery or performance under the Agreement without any liability to the User.
18.) DISPUTE RESOLUTION
All disputes, controversies or claims between ebeli.com.my and User arising out of or related to this Agreement or the relationship of the parties hereto which cannot be settled through direct discussions, will be referred to and settled by private and confidential binding arbitration before a legally trained, experienced in Information Technology and independent arbitrator held in Malaysia in English and governed by Malaysia law. The arbitration provision shall continue in full force and effect subsequent to and notwithstanding expiration or termination of this Agreement. The arbitrator shall have the right to award or include in their reward any relief which he or she deems proper in the circumstances. The award and decision of the arbitrator shall be conclusive and binding upon all parties to the arbitration and judgement upon the award may be entered in any court of competent jurisdiction, and User and ebeli.com.my waive any right to contest the validity or enforceability of such award.
The parties agree that the jurisdiction and venue of any dispute subject to litigation is proper in any state or federal court in Malaysia.
Any judgement or award entered by a court or arbitrator in any dispute between the parties will: -
i) Be paid in Ringgit Malaysia exclusive of any tax, deduction or offset
ii) Include interest from the date that the award is rendered until It is fully paid, computed at the base rate plus 3%.