TERMS OF USE


1.            Introduction


1.1 Welcome to BazaarLokal, bazaarlokal.comwebsite and/or BazaarLokal mobile app (the “BazaarLokal”). These Terms of Use govern your access and use the BazaarLokal and the use of any services, information and functions made available by us at the BazaarLokal. The BazaarLokal provides online Platform for marketplace and e-store that enables the registered merchants of PREC (collectively referred to as “Seller”) to sell and complete the orders from the customers for the sale and purchase of products via the BazaarLokal. Please read the following terms and conditions carefully (including Privacy Policy, Return Policy, Support Policy, Seller Policy and all other policies as published on the BazaarLokal from time to time) (collectively referred to as “BazaarLokal Conditions”) before accessing this BazaarLokal, using the services or ordering the products, so that you are aware of your legal rights and obligations with respect to BazaarLokal. By accessing BazaarLokal, using the services, or ordering the products, you hereby agree to be legally bound by these BazaarLokal Terms of Use.


               1.2 The Terms of Use stated herein constitute a legal agreement between customer and PKNS Real Estate Sdn Bhd (Company No. 2012011010314 (983834-W)) (“PREC”), a company incorporated in Malaysia and having its business address at No. 3F-05, 3rd Floor, SACC Mall, Jalan Perbadanan 14/9, Seksyen 14, 40000 Shah Alam, Selangor.

           

               1.3 PREC reserves the right to change, modify, add or remove portions of these Terms of Use at any time. Changes will be effective when posted on this BazaarLokal with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on this BazaarLokal. In addition, BazaarLokal may also impose limits on certain features or restrict your access to parts of, or the entire Site or services in its sole discretion and without notice or liability.  We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions or your own failure to keep yourself updated on the modifications to the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.

              1.4  If you are under the age of eighteen (18) years old or the legal age for giving consent hereunder pursuant to the applicable laws in your country, you must obtain permission from your parent(s) or legal guardian(s) to access to this BazaarLokal. If you are the parent or legal guardian of a minor who is accessing the BazaarLokal or creating an account, you must accept and comply with the BazaarLokal Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the BazaarLokal, services or purchases made on the BazaarLokal. If you do not have consent from your parent(s) or legal guardian(s) or are a minor, please DO NOT use this BazaarLokal.

 

BY USING BAZAARLOKAL SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

 

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES AND ACCESS TO THE SITE.

                   

              2.  Privacy

               

               2.1 Your privacy is very important to us at BazaarLokal. To better protect your rights we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how BazaarLokal collects and uses the information associated with your Account and/or your use of the Services (“the User Information”). By using the Services or providing information on BazaarLokal, you :-

 

(a)    Consent to BazaarLokal collection, use, disclosure and/or processing of your content, personal data and user information as described in the Privacy Policy;

(b)    Agree and acknowledge that the proprietory rights of your user information are jointly owned by you and BazaarLokal; and

(c)    Shall not, whether directly or indirectly disclose your user information to any third party, or otherwise allow any third to access or use of user information, without BazaarLokal prior written consent.

               2.2 Users in possession of another user’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the user whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.   

 

3.             Definitions

In this BazaarLokal Terms of Use, unless the context otherwise requires, the following words and expressions shall have the following meanings:

                  “business day”

means a day on which the banks are open for business in Selangor, Kuala Lumpur and excludes weekends or public holidays;

                       “customer”

means the individual or entity (company) who purchases the products through the BazaarLokal subject to the BazaarLokal Terms Of Use as contained herein;

“customer support centre” / “payment protection services”

means the services developed by PREC to help create a safe and reliable environment for customer to order the products, undertake e-commerce transactions;

“intellectual property rights”

means all copyright and Intellectual Property Rights howsoever arising and in whatever media, whether or not registered, including (without limitation) confidential information, trade secrets , goodwill and reputation, patents, trademarks, trade names, registered designs and all renewals and extensions thereof;

“merchants” /

“PREC’s tenants”

means the individual or entity (company) who sells the products through the BazaarLokal, subject to the BazaarLokal Terms of Use with the permission of PREC;

“merchants and/or PREC’s tenants e-store”

means a virtual online store on the BazaarLokal which allows the registered merchants or PREC’s tenants (collectively referred as “Seller”)  to upload and list the Products for sale and enable the transactions for the same to be conducted;

“order”

means an offer to purchase the products placed by the customer on the BazaarLokal in accordance with the BazaarLokal Terms of Use;

“products”

means seller’s products listed for sale on the BazaarLokal;

“BazaarLokal”

means the online market place and e-store owned and operate by PREC, being and e-commerce BazaarLokal that enables transactions between a customer and seller having its domain at https://bazaarlokal.com

“registered merchants”

means the individual or entity (company) registered with PREC to sell the products via the BazaarLokal;

                “seller policy”

“means the general terms and conditions setting out the rights and obligations of seller who sell their products on BazaarLokal;

              “services”

means the services that are offered by PREC through the BazaarLokal to the customers and seller which may include such services provided by third party service providers such as photographer services, social influencer, payment gateway services and logistics management services;

“terms and conditions”

means these the terms and conditions governing the customer and seller of the BazaarLokal setting out, among others, eligibility of the customers, services available to customers under the BazaarLokal, benefits which customers are entitled to and customer and seller’s rights and obligations;

              “transactions”

means a sale and purchase and transaction of the products between a customer and seller which is conducted online via the BazaarLokal;

              “you”

means a customer of the BazaarLokal (as a purchaser), registered merchants (as a seller), who has agreed to be bound by the BazaarLokal Terms of Use, and who is entitled to use the BazaarLokal to purchase and/or sell the Products via the BazaarLokal.





4.            Intellectual Property Rights



4.1           Site Contents



PREC is the sole owner or lawful licensee of all the rights and interests in the BazaarLokal and its contents ("Site Contents"). All title, ownership and Intellectual Property Rights in the BazaarLokal and Site Contents shall remain with PREC, our affiliates or licensors of the Site Contents, as the case may be. All rights not otherwise claimed under these Terms Of Use or by PREC are hereby reserved.



4.2       Trademarks



"PREC", "BAZAARLOKAL", and related icons and logos are registered trademarks or trademarks or service marks owned or licensed by PREC and are protected under applicable copyright, trademark and other proprietary rights laws. You are strictly prohibited from undertaking any unauthorized copying, modification, use or publication of these marks.



4.3          Infringements



Any person may protect their rights by contacting PREC in the event their copyright or other intellectual property has been infringed or violated on the BazaarLokal by any person. Pursuant to the same, PREC may at its sole and absolute discretion take down the Product listing, information, specification and/or photograph complained of and suspend sales of the corresponding Products until such time that PREC at its sole and absolute discretion deems that evidence provided is sufficient to prove that the complaints and/or that the alleged claims are invalid.



4.4          Compliance



You shall ensure that all content including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by you on the BazaarLokal do not infringe or violate trade mark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and/or circuit layout rights and all various other Intellectual Property Rights. You shall also ensure that the use of such Intellectual Property Rights is with the prior, approval or consent of Intellectual Property Rights owner or intellectual Property Rights subsisting in any part of the world belonging to third parties.



4.5          Ownership of Photographs or Videos of Products Arranged by PREC



For the avoidance of doubt, the Intellectual Property Rights in any photographs or videos of Products which are arranged by and/or taken by PREC as part of any additional support under the Services shall vest in PREC.



4.6          Affiliates



In order to boost sales, information regarding Products displayed for sale by any Customer on the BazaarLokal may be disclosed to PREC's affiliated third parties, including social influencer, BazaarLokal and blogs owned by and / or affiliated to such third party, and any such disclosure shall be subject to the Seller Policy and the Terms of Use.



4.7          Indemnity



You shall indemnify and hold harmless PREC and its directors, stakeholder and employees from all actions, claims and demands which may be instituted or made against you arising from your use of Intellectual Property Rights or violation of any applicable intellectual property laws.



4.8          Claims from a Third Party



Where you have received claims from a third party that your postings made on the BazaarLokal infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, you shall to the furthest extent possible exempt and not involve PREC, its directors, stakeholder and employees, and the BazaarLokal from and in such claims.



4.9          Complaints



You shall notify PREC as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to PREC, its directors and employees and / or the BazaarLokal arising from your use of any Intellectual Property Rights must shall be fully compensated by you.



4.10        Usage



If you post content or submit material to the BazaarLokal, and unless PREC indicates otherwise, you are deemed to have a granted PREC a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.



5.             Our Limitation of Responsibility and/or Liability



5.1           The BazaarLokal and all data and/or information contained therein and/or the services are provided on “as is” and “as available” basis without any warranties, claims or representation made by PREC of any kind either expressed, implied or statutory with respect to BazaarLokal and/or its services including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the BazaarLokal and/or services are provided for informational purposes only.



 



5.2           Without limiting the foregoing, BazaarLokal does not warrant that the BazaarLokal and/or the services or the functions contained therein will be available, accessible, uninterrupted, timely, secure accurate, complete or error-free, that defects, if any, will be corrected, or that this BazaarLokal and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any harmful codes, instructions programs or components.



 



5.3           BazaarLokal and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action), arising directly or indirectly in connection with:



 



(a)    any access, use and/or inability to use the BazaarLokal or the services;



(b)    reliance on any data or information made available through the BazaarLokal and/or through the services. You should not act on such data or information without first independently verifying its contents;



(c)    any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting cod, agent program or macros; and



(d)    any use of or access to any other website or web[age linked to the BazaarLokal, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.    



 



5.4          Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the BazaarLokal and/or services is entirely at your own risk and we shall not be liable therefore.



6.             Use of the BazaarLokal and/or the Services



6.1           PREC provides e-commerce facilities and services via the BazaarLokal enabling the sale and purchase of Products between a customer and seller.



 



6.2           By accessing, browsing and/or using the BazaarLokal, you are deemed to have irrevocably and unconditionally agreed to the terms and conditions.



 



6.3           You agree to use the BazaarLokal at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom.



6.4           Use of the BazaarLokal and its services as a customer is free. However, certain Services or functions on the BazaarLokal which are provided for sellers may require the payment of fees as further described in the Seller Policy, Policies and/or other agreements as may be entered into between the Seller and PREC from time to time.



6.5           Any fees imposed shall be charged, settled and/or otherwise dealt with in accordance with the terms of the Seller Policy, Policies and/or any other agreement a seller may enter into with PREC in respect of the same.


7. Compensation for Losses



Where, in using the Services and/or accessing the BazaarLokal, any of your actions cause any losses to PREC, you shall be liable for and shall compensate PREC for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold PREC harmless at all times in respect thereof.


8. Relationship of Parties



PREC primarily operates, manages and provides the BazaarLokal for the purpose of enabling safe and reliable transactions between customer in a capacity as a purchaser and registered merchants in a capacity of a seller.


9. Sale and Purchase of Products



9.1           No Representation



 



9.1.1     PREC is not an agent for and does not represent either a customer or a seller, and has no authority to act on behalf of either party.



9.1.2     Whether in your capacity as a customer or a seller (as the case may be), you shall be solely and directly responsible for all liabilities related to transactions entered into between customer and seller.



 



9.2          No Guarantee



9.2.1    PREC does not control the behavior of customer or seller on the information provided by customer or seller that is made available on the BazaarLokal. Consequently, we do not provide any guarantees with regard to the Transactions undertaken by customer and seller, and do not warrant:-



                              i.                The existence, quality, completeness, appropriateness, safety or legality of any Product;



                             ii.                The veracity of any intent to sell or purchase Product by a customer or seller;



                            iii.                 Whether a Product infringes the rights of any other third party;



                            iv.            The truthfulness, accuracy or legality of any information posted by a Seller or a customer in respect of a Product; or



                             v.             That all Transactions will be completed.



9.2.2       Any liabilities and risks relating to Transactions undertaken between a customer and a seller shall be borne by the relevant parties. As such, before proceeding with any transaction on the BazaarLokal, you must make your own independent assessment and determination regarding the statements, Product descriptions, the representations of the other party and the party's ability to pay for or deliver the Products offered and specific terms and conditions imposed by sellers regarding refunds, exchanges and returns (if any).



9.2.3       A minor, being a person below the age of 18, cannot purchase any Products without the consent of his parents or legal guardian. Any transaction entered into without such consent may be cancelled by PREC or the parents or legal guardian, as the case may be.



 



9.3          Product and Pricing Information



The information displayed on BazaarLokal does not constitute a binding offer to sell products on the site. BazaarLokal reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Subject to the foregoing, the prices displayed are quoted in Ringgit Malaysia and are effective only for purchases in Malaysia. Although, BazaarLokal has made every effort to display the products and their colours as accurately as possible, the displayed of colours of the products will depend upon the monitor of the user and BazaarLokal cannot guarantee that the customer’s monitor will accurately portray the actual colours of the products. Purchases are subject to applicable taxes to be paid by the customer and not include shipping and handling.



9.4          Placing of Order



9.4.1       If you, in the capacity of a customer, place an order to purchase a product on the BazaarLokal and the order is accepted by the Seller, you are obligated to complete the transaction with the seller and to be bound by such additional terms and conditions specified by the seller on the seller store on the BazaarLokal, unless:-



                              i.                The transaction is prohibited by law or these terms and conditions;



                             ii.                  The seller materially changes the product's description or the product does not conform to the Seller's description; or



                            iii.                  a manifest error exists in the product listing information which materially affects the terms of the sale.



9.4.2    An Order may be cancelled by a customer at any time before acceptance of the said order by the seller.



9.4.3    The BazaarLokal shall notify a seller of all orders made through email, ".



9.4.4    Where you have submitted an order and made full payment for the same, if a Seller fails to confirm acceptance of the order within such period of time as required under the Seller Policy, you may request for the transaction to be cancelled and a refund.



9.5          Offer and Acceptance



9.5.1    Invitation to Treat



For the avoidance of doubt, any and all information on this BazaarLokal, including the prices and details, constitutes an invitation to treat (an invitation for a customer to make an offer to form a contract), and is not considered a binding offer.



9.5.2    Offer Made by Customer



Where you place an order and make payment for a product on the BazaarLokal , you are actually making an offer to purchase the products from the seller, based on the information and description of the product applicable at the time of purchase.



9.5.3    Acceptance by Seller



While a seller will make every effort to supply products ordered, a Seller shall only be legally bound to do so when the Seller confirms acceptance of the customer’s offer via the BazaarLokal. An Order is deemed accepted and a binding contract is in place only when the status of an Order on the BazaarLokalis updated to "Processing".



9.5.4    Right to Cancel for Technical/Operational Errors



In the event of an electronic, computer, operational and/or technical error affecting details and pricing of a Product or any promotion on the BazaarLokal, we reserve the absolute right to rectify such error and/or cancel any Transaction which has been entered into in reliance on the said error.



9.5.5    Compensation Limited to Refund of Price Paid



You agree and understand that your remedy as a customer in the event of any cancellation made pursuant to this clause is the refund of the amount paid by you in respect of any such cancelled Transaction. Nothing in this clause shall entitle you to further or additional compensation, and you shall have no right to insist on the completion of the Transaction and/or delivery of the products under the order.



9.6        Terms of Payment



 



9.6.1      Payment for Products purchased on the BazaarLokal can be made via the following methods:-



                                      i.        Credit card;



Credit card payment option is available for all buyers/customers.  BazaarLokal accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of buyers/customers are protected by industry leading encryption standards.



 



                                      ii.        Debit card;



BazaarLokal accepts all Malaysia Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.



 



                                     iii.        Online banking;



By choosing this payment method, the buyer/customer shall transfer the amount of the total purchase price for the goods and products purchased by buyer/customer to BazaarLokal account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. BazaarLokal, in its sole discretion may refuse this payment option service to anyone or any user without notice for any reason at any time.



 



9.6.2        In the event of any cancellation or refund, the refund methods shall be dealt with in accordance with the Return Policy.



 



9.6.3        Payment for any purchase of Products on the BazaarLokal must be made upon the time of the Order is submitted. If payment is not completed forthwith, the said Order shall be automatically cancelled by the BazaarLokal system.



 



9.6.4        When making payment, you must only use payment methods that are legally available to you, and shall not fraudulently use any means of payment under another party's name. Pursuant to the same, we reserve the right to take all such actions to review any payment transactions and where deemed necessary, to suspend the processing of such transactions until our investigations are complete. As a customer, you agree to be responsible for all damages and losses suffered or sustained by PREC, the owner of such payment methods and the seller, which arise out of any fraudulent actions discovered under this clause.



 



9.6.5        Cash on Delivery (pay cash upon delivery) is not available for the products sold at Bazaarlokal, however the Customer has the options to collect the product and the Seller reserves the right to schedule the collection time. The products will only be handed over to the customer upon full payment by the customer according to Bazarlokal.com (if applicable).



 



9.6.6        Customer may not claim against seller or any of its agents (which may include PREC), for any failure, disruption or error in connection with the Customer’s chosen payment method. PREC reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the customer or giving any reason.



 



9.6.7        If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Contract or suspend deliveries of the products until payment is made in full.



 



9.6.8        All refunds shall be made via PREC virtual payment account ("PREC Payment Account"). PREC offers no guarantee of any nature for the timeliness of the refunds reaching the PREC Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Seller. All refunds are conditional upon PREC’s acceptance of a valid return of the Products. PREC reserve the right to modify the mechanism of processing refunds at any time without notice.



 



9.7            Delivery of Products



 



9.7.1        Proper Delivery Address



 



                                      i.        Delivery of the Products shall be made to the address specified by a customer in your Order.



                                      ii.        You agree to bear the risk for any products wrongly delivered due to incorrect details provided by you.



9.7.2       Delivery/Performance



                                    i.          Delivery of the Products shall be made to the address specified by the customer in its order.



                                   ii.          PREC has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the products to any other party as it may from time to time decide without giving notice of the same to the customer.



                                  iii.          Any dates quoted for delivery of the products are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and PREC shall not be liable for any delay in delivery or performance howsoever caused.



                                  iv.          If seller has failed to deliver the products in accordance with the Seller Policy or within a reasonable time, the Customer shall, by serving a written notice to PREC, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If PREC fails to do so within the specified time, the customer shall be entitled to terminate the contract and claim a refund in respect of the undelivered products.



                                   v.          Where the products have been delivered to the customer even after such refunds have been claimed by the customer, customer shall immediately notify PREC of the delivery. The property in the Products shall not pass to the customer and customer shall hold the Products as PREC's fiduciary agent and bailee and shall keep the products separate from those of the customer. PREC shall be entitled at any time to demand the customer to deliver up the products to PREC and in the event of non-compliance PREC reserves its right to take legal action against the customer for the delivery of the products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the customer.



                                  vi.          If the customer fails to take delivery of the products (otherwise than by reason of any cause beyond the customer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to PREC, PREC may:-



a)     sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Customer for any shortfall below the price under the Contract; or



b)     terminate the Contract and claim damages.



9.8            Risk and property of the Products



9.8.1       Risk of damage to or loss of the products shall pass to the customer at the time of delivery or if the customer wrongfully fails to take delivery of the products, the time when PREC has tendered delivery of the products.



 



9.8.2        Notwithstanding delivery and the passing of risk in the products or any other provision of these terms and conditions, the property in the products shall not pass to the customer until PREC has received in cash or cleared funds payment in full of the price of the products and all other products agreed to be sold by Seller to the Customer for which payment is then due.



 



9.8.3        The customer agrees with PREC that the customer shall immediately notify PREC of any matter from time to time affecting PREC’s title to the products and the customer shall provide PREC with any information relating to the products as PREC may require from time to time



 



9.8.4        Until such time as the property in the products passes to the customer (and provided the Products are still in existence and have not been resold), PREC shall be entitled at any time to demand the Customer to deliver up the Products to PREC and in the event of non-compliance PREC reserves its right to take legal action against the customer for the delivery of the products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the customer.



 



9.8.5        The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the products which remain the property of PREC but if the customer does so all moneys owing by the Customer to PREC shall (without prejudice to any other right or remedy of PREC) forthwith become due and payable.



 



9.8.6        The Customer shall indemnify PREC against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of PREC's rights under this condition.



9.9          Cancellation, Returns, Exchange and Refunds (Return Policy)



Please refer to the Return Policyfor further information in relation to the obligations of a Seller or Customer in respect of cancellation, exchange, returns and refunds of Products. For the avoidance of doubt, the Return Policy shall be read together with the Seller Policy, these Terms Of Use and such other Policies in force from time to time.


10. Disputes between Customer and Seller



 



10.1         Discussions in Good Faith



 



In case of any disputes relating to the purchase and sale of the Products on the BazaarLokal between Customer and Seller (collectively referred to as "Disputing Parties"), the Seller shall first attempt to resolve the dispute with such Customer ("Dispute") in good faith.



 



10.2            Referral of Dispute to Company



 



                 i.          Where the Disputing Parties cannot resolve their Dispute within the allocated time periods and/or the Seller Policy, either the Customer or Seller may submit such Dispute to PREC for a final determination and resolution.



 



                ii.          You agree that PREC shall have the full power, authority and discretion to make a final decision for such Dispute.



10.3       Decision by PREC



10.3.1      PREC shall review the evidence received from the Disputing Parties, and shall issue its final decision in respect of the Dispute ("Decision"), taking into consideration commonly accepted principles and practices in the relevant industries and the interests of the both parties.



 



10.3.2      You agree to abide by and be bound by the Decision and in furtherance of the same, and you expressly acknowledge and agree that PREC shall be entitled to, in relation to the Dispute and the Decision:-



 



a)         Cancel any Transaction on the BazaarLokal;



b)         Release any funds held under the Payment Protection Services to either of the Disputing Parties (as applicable);



c)          Temporarily or permanently suspend either or both of the Disputing Parties' accounts on the BazaarLokal.



d)         Temporarily or permanently remove listings of a particular Product from the BazaarLokal;



e)         Require the removal of or PREC, of its own accord, may remove any unlawful content from a Seller store on the BazaarLokal;



f)          Revise the rating for either or both of the Disputing Parties' accounts on the BazaarLokal;



g)         Cancel any Coupons, Credits and/or Points issued; and



h)         Carry out all such other actions deemed necessary to ensure the Decision is enforced fairly and reasonably.



 



10.3.3      Notwithstanding the aforementioned clauses, you acknowledge that PREC is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. PREC does not act as the agent of either of the Disputing Parties, but acts as facilitator for dispute resolution. Consequently, you agree not to hold PREC liable and shall waive any claim you may have against PREC in respect of the Decision and the Dispute.



 


11. Termination



In addition to any other legal or equitable remedies, PREC may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under BazaarLokal’s Term of Use and/or other terms and conditions. Upon any termination, you shall immediately cease all access to and use of the BazaarLokal and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this BazaarLokal and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that PREC shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the BazaarLokal and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of PREC, in operating the BazaarLokal and/or providing Services, your sole and exclusive remedy is to discontinue using the BazaarLokal and/or the Services.



12. Compliance



As a condition of your use of the Services and/or access to the BazaarLokal, you agree that:-



 



a)             You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:-



                                 i.          Committing fraud, for example by making purchases on the BazaarLokal using another person's identity, credit card or bank account;



                                ii.          Distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities; or



                               iii.          Using the services to promote and facilitate pyramid schemes.



b)             You shall comply with these Terms Of Use of BazaarLokal.



c)             You shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the BazaarLokaland the Services ("Contents"):-



                                 i.          which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or



                                ii.          which infringe or misappropriate the Intellectual Property Rights of PREC or other third parties.



d)         You shall not copy, reproduce, compile, modify, distribute or resell any services or contents, or otherwise exploit the same for commercial purposes.



e)          You shall not collect or post personal information about the customers and/or seller or other third parties, including email addresses, without their consent.



f)           You shall not use the services, access the BazaarLokal or manipulate the BazaarLokal's system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the terms and conditions.



                                 i.          exploiting or attempting to exploit any benefits provided by PREC, (including but not limited to vouchers, discounts and/or Coupons) by signing up for multiple accounts and/or purchasing a Product with no intention to complete the same;



                                ii.          manipulating the price of any item or interfering with other sellers' listings; or



                               iii.          taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the BazaarLokal or using it for purposes unrelated to the BazaarLokal);



g)         You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the services or the BazaarLokal or PREC's operations and/or business, including but not limited to:-



                                 i.          distributing viruses or any other technologies that may harm the BazaarLokal, or the interests or property of PREC and/or seller;



                                ii.          undertaking any action to undermine the integrity of, or gain access to, the BazaarLokal system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services ("System");



                               iii.          monitoring data or traffic on the System or conducting crawling of the System without PREC's permission;



                               iv.          engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or



                                v.          engaging in any behavior that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;



h)          You shall conduct yourself in accordance with good public order and morals, and shall refrain from:-



                                 i.          Persistently raising complaints without any reasonable grounds or justification;



                                ii.          Repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or



                               iii.          Engaging in behavior which violates public order or is destructive to generally accepted customs or norms.



PREC may, without notice, delete postings or restrict or prohibit you from posting or using specific Services on the BazaarLokal, terminate your access to the BazaarLokal and the Services or take any other measures it deems fit on the occurrence of a breach of any of the conditions specified above.


13. Liability for Third Party



PREC shall have no liability whatsoever in the event PREC posts any information provided by its partners, or provides reference information or contents provided by a third party at the BazaarLokal or links on the BazaarLokal for your convenience, and you visit such third party sites at your own risk.


14. Suspension of Services



 



14.1         PREC may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to:-



                                      i.        maintenance work on the BazaarLokal;



                                      ii.        the occurrence of power or communications outage;



                                     iii.        technical problems on the part of our third party suppliers or partners;



                                     iv.        the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or



                                      v.        any other reason(s) that PREC may deem necessary for such suspension.



 



14.2         Upon the suspension of the Services, PREC shall post a notification on the BazaarLokal on the suspension of the Services as soon as reasonably practicable.



14.3         PREC shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with the terms of these Terms Of Use.



 



15. Feedback and Review System



 



NOTE :   THIS SECTION DOES NOT APPLY TO PERSONAL DATA SUPPLIED BY YOU TO THE SITE SUCH AS YOUR NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND BE LIKE. PLEASE SEE OUR PRIVACY POLICY STATEMENT FOR INFORMATION REGARDING OUR TREATMENT OF PERSONAL DATA.



 



15.1               Submission of Feedback



 



                      i.        Upon purchasing a product, you may submit your review of such product via the feedback and review mechanism provided on the BazaarLokal, which can be in the form of writing, image and/or video clip. Your feedback on the level of satisfaction with the Product as well as experience with the Seller will contribute to the Seller's rating on the BazaarLokal.



 



                      ii.        If you submit or post a review of a Product, such review shall be made publicly available. You shall be solely responsible for your review and PREC is not responsible to ascertain whether any opinion expressed is true. As such, you should ensure that any review posted is fair and not unlawful.



 



                     iii.        In the event you respond to BazaarLokal with any information including but not limited to feedback, data, questions, comments, suggestions, or be like, such information shall not be deemed confidential. All such submissions shall be deemed the property of PREC and/or BazaarLokal (as the case maybe) and PREC and/or BazaarLokal will not be liable for any use or disclosure of such information. In addition, you consented for PREC and/or BazaarLokal to freely use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.



15.2        Right to Remove Feedback



If PREC is of the view that your published review of the Product is not appropriate for public disclosure or is defamatory or likely to violate the law or breach these Terms Of Use , PREC shall be entitled to delete such review at its sole and absolute discretion and without notice to you.


16. Indemnity



You hereby indemnify and hold PREC, and our officers, directors, stakeholder, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys' fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of your breach of this Terms Of Use and/or the Seller Policy (as the case may be), or your violation of any law or the rights of a third party.



17. No Warranties



17.1         You will not hold PREC responsible for other seller and/or customers' content, actions or inactions, or products listed by seller and/or customers, including content they post.



17.2         You understand and agree that transactions between seller and customers on the BazaarLokal are deemed to be private contractual arrangements, and PREC is not a party to, and does not represent the customers or seller in such transactions. PREC is only responsible for operating and managing the BazaarLokal and making reasonable efforts in order to maintain efficient services on the BazaarLokal.



17.3         PREC and the BazaarLokal have no control over and do not guarantee the quality, safety or legality of Products advertised, the truth or accuracy of seller and/or customers' content or listings, the ability of any seller to sell or customer to purchase products or that any transaction will be successfully completed.



17.4         PREC and the BazaarLokal does not transfer legal ownership of products from a seller to a customer. Unless a customer and seller agree otherwise, customer will become the product's lawful owner upon physical receipt of the product from seller and payment has been made in full.



17.5         PREC cannot guarantee continuous or secured access to the services, and operation of the BazaarLokal may be interfered with by numerous factors outside of PREC's control.



17.6         If a Seller has a dispute with one or more Customers, you hereby release PREC, and our officers, directors, stakeholder, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature , known and unknown, arising out of or in any way connected with such disputes.



17.7         Accordingly, to the extent that is legally permitted, PREC excludes all implied warranties, terms and conditions. PREC is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the BazaarLokal and Services.



17.8         All materials, information, software, products, services and other content contained in the BazaarLokal, or from a linked site is provided to you "as is" without warranty or conditions of any kind, express or whether implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. PREC has made reasonable efforts to post current and accurate information on this BazaarLokal however, PREC assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information provided in this BazaarLokal. Under no circumstances will PREC be liable for any loss or damage to the customers caused by reliance on information obtained through this BazaarLokal. It is the customers' responsibility to evaluate the accuracy, completeness or usefulness of any information provided and use of this BazaarLokal is solely at your own risk.



 


18. Access and Interference



 



17.9         Most of the information on the BazaarLokal is updated on a real time basis and is proprietary or is licensed to PREC. You agree not to use any robot, spider, scraper or other automated means to access the BazaarLokal for any purpose without the prior written permission from PREC. Additionally, you agree that you will not:-



                                      i.        Take any action that imposes or may impose, in PREC's sole and absolute discretion, an unreasonable or disproportionately large load on the BazaarLokal's infrastructure;



                                      ii.        Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for your own information and reference, from the BazaarLokalwithout the prior written permission of PREC; or



                                     iii.        Interfere or attempt to interfere with the proper working of the BazaarLokalor any activities conducted on the BazaarLokal.


19. General



19.1        Governing Law.



                                          i.    These Terms Of Use shall be governed by the laws of Malaysia. Any controversy, claim or dispute arising out of or relating to these Terms Of Use and/or the Seller Policy and/or the Policies will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia and governed by Malaysian laws. The arbitrator shall be a person who is legally trained and who has experience in the information technology and e-commerce industry in Malaysia and is independent of either party. Notwithstanding the foregoing, PREC reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.



                                          ii.    Use in these Term and Conditions or by PREC, any notice, request, demand or other communication to PREC under these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered post to the following address:-



PKNS REAL ESTATE SDN BHD



3F-05, 3rd Floor, SACC Mall,



Jalan Perbadanan 14/9,



Seksyen 14, 40000 Shah Alam,



Selangor



Email: [email protected]



 



                                         iii.    All notices to you shall be effective if either delivered personally, by courier, email or where applicable, on the BazaarLokal. All agreements, notices and other communications that PREC sends to you electronically satisfies the legal requirement for communication to be in writing.



19.2        No Assignment



PREC shall have the right to assign and/or novate the Terms and Conditions or any part of the same to any person or entity, by providing written notice to you which shall be posted on the BazaarLokal, and you hereby irrevocably agree and consent to any such assignment and/or novation. You may not assign, in whole or part, any of these Terms and Conditions to any person or entity.



19.3        Force Majeure



                                      i.        No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.



 



                                      ii.        For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party's country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.



 



19.4        Severability



If any provision of these Terms and Conditions and/or the Seller Policy and/or the Policies is found to be illegal, void or unenforceable under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as Company may decide or the parties may agree, as the case may be.



19.5        Waiver



A failure by PREC to exercise or enforce any rights conferred upon it by these Terms of Use shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times