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1 THESE TERMS
1.1 www.jollybellyfm.com.my is a marketplace that allows users to offer, sell and buy [food, beverages, hand-crafted items, household products, personal care and more] (“Products”) from [Malaysian SMEs, micro-SMEs and home-based businesses] (“sellers”) who listed their Products on the Platform. These terms and conditions govern your use of our [website and applications] provided by us (collectively, our “Platform”).
1.2 Please read this Terms and Conditions, the Acceptable Use Policy (as set out in Schedule 1), our Privacy Policy, our Shipping Policy, and our Return Policy (collectively, “these terms”) carefully before you use our Platform. These terms tell you who we are, the conditions on which you may be a buyer on our Platform, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 By using our Platform, or by registering for an account on our Platform, you agree to these terms.
1.4 You must comply with all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
1.5 We may amend these terms from time to time by posting the updated terms on our Platform . If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform after the changes come into effect means that you agree to be bound by the revised policy.
2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Advolution Sdn Bhd (Company No.: 857312-X), a company registered in Malaysia. Our registered address is at Lot H3, Jalan 9, Taman Bukit Cheras, Connaught Avenue 56000 Kuala Lumpur, Malaysia.
2.2 For any questions or problems relating to our Platform, the products sold on our Platform (“Products”) or these terms, you can contact us by emailing us at jollybellyfm@gmail.com.
2.3 Please see Clause 11 and our privacy policy which is available at https://jollybellyfm.com.my/privacy for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.5 When we use the words "writing" or "written" in these terms, this includes emails.
3 CONTRACTS FOR SALE
3.2 We have no control over and we do not guarantee the existence, quality, safety or legality of the items offered or advertised on our Platform, the accuracy, completeness or truth of any content, photographs, or listings posted by sellers, the ability of sellers to sell, or that a particular seller will complete a particular transaction.
3.3 We are not involved in any transaction between a buyer and a seller on our Platform save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers.
3.4 We are not an agent of any buyer or seller.
3.5 We may (at our discretion but are not obliged to) check, audit or monitor the information contained in listings, comments and/or reviews posted by users.
3.6 A buyer may place orders on the Platform as instructed on our Platform. A seller's acceptance of a buyer's order will take place when you receive an acknowledgement of receipt of order via email from [us / the seller], at which point a contract will come into existence between the seller and the buyer. Upon receipt of an acknowledgement of receipt of order, the order shall be final, and buyers shall not be allowed to cancel or change the order.
3.7 We will assign an order number to each order. Please tell us the order number whenever you contact us about your order.
3.8 Our Platform is solely for the sale and promotion of Products in Malaysia. We currently do not deliver to addresses outside Malaysia.
4 TERMS AND CONDITIONS FOR PURCHASE
4.1 When purchasing a Product, you agree to comply with our applicable rules and policies from time to time in force. You are responsible for reading the full listing before committing to buy any Product.
4.2 Any order placed in respect of a Product is deemed irrevocable and unconditional. In placing an order you agree to the seller's terms set out in the seller's listing for the Product.
4.3 You enter a legally binding contract to buy a Product when you commit to buy a Product, or when your order for a Product is accepted.
5 CONTENT
5.1 When providing content on or to our Platform, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, reproduce, process, adapt, modify, publish, display and distribute such content for the purposes of providing the Products to you and the promotion of our Platform.
5.2 For all content that you provide, you warrant that:
(a) the content is accurate, up to date and not misleading;
(b) you own or otherwise control all necessary rights to meet your obligations under these terms regarding such content; and
(c) the use of such content does not and will not infringe any intellectual property rights of any third party.
5.3 We do not promise that any content or information provided on our Platform will be accurate, complete, up to date or always available. Product images, descriptions, specifications, and information regarding ingredients, allergens and nutritional content (if any) are provided by the sellers.
5.4 If you have any questions regarding the ingredients, allergens, and nutritional content of the Products, kindly contact the seller of the Products.
5.5 You agree that we are not responsible for examining or warranting any listings provided by any sellers.
5.6 You agree not to hold us liable for any inaccurate or misleading content.
6 A SELLER'S RIGHTS TO MAKE CHANGES
6.1 Sellers may make minor changes to their Products from time to time in order to:
(a) reflect changes in relevant laws and regulatory requirements; and
(b) implement minor technical adjustments and improvements.
These changes will not affect a buyer's use or consumption of the Product.
6.2 If a seller makes significant changes to their Products or the seller's terms for the Products after a buyer places an order for the Products, the seller will notify the buyer prior to the changes taking effect. If the buyer does not accept the changes, the buyer may contact the seller or customer service to cancel the order and receive a refund for any Products paid for but not received.
7 A BUYER'S RIGHTS TO CANCEL AN ORDER
7.1 If a buyer is cancelling an order for a reason set out below, the seller will refund the buyer in full for any Products which has not been provided:
(a) the seller has told the buyer about an upcoming change to the Product or the seller's terms for the Product, which the buyer does not agree to (see Clause 6.2);
(b) the seller has told the buyer about an error description of the Product ordered and the buyer does not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside the seller's control; or
(d) the seller has suspended supply of the Products for technical reasons, or notifies the buyer that the seller is going to suspend them for technical reasons, in each case for a period of more than five (5) day(s).
7.2 To cancel an order, kindly email our customer services team at jollybellyfm@gmail.com, providing your order number and all pertinent details.
7.3 If a buyer cancels an order with a seller in accordance with this Clause 7, the seller will refund the buyer the price the buyer paid for the Products including delivery costs, but the seller may make the following deductions from the price:
(a) deductions to reflect any deduction in value of the Products caused by the buyer handling them in an unacceptable way (if refund is arranged before the seller is able to inspect the Products and later discovers that the buyer has handled them in an unacceptable way, the buyer must pay the seller the appropriate amount); and
(b) deductions to reflect the difference between the least expensive delivery method the seller offers and the delivery method chosen by the buyer for the Products.
7.4 If a refund is due, a seller must make the refund to the buyer as soon as possible, in any event within [30] days from the day the buyer informs the seller that the buyer wishes to end the contract.
8 A SELLER'S RIGHTS TO CANCEL AN ORDER
8.1 A seller may cancel an order for a Product at any time by writing to a buyer if:
(a) the buyer does not, within a reasonable time, allow the seller to deliver the Products to the buyer; or
(b) the buyer does not make any payment to the seller when it is due and still does not make payment within 5 day(s) of the seller reminding the buyer that payment is due.
8.2 If the seller cancels an order in the situations set out in Clause 8.1 above, the seller will refund any money the buyer has paid in advance for Products that have not been provided, but the seller may deduct or charge reasonable compensation for the net costs the seller will incur as a result of the buyer breaking the contract.
9 PRICE AND PAYMENT
9.1 The price of the Product, the delivery fees, and the applicable taxes shall be as indicated on the order pages when a buyer places his order.
9.3 We accept payment by debit cards, credit cards, and supported e-wallets such as Touch and go e-wallet.
9.4 A buyer must pay for the Products when checking out an order.
10 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
(b) we shall not be liable to you (whether in contract, tort or otherwise) for any damages, loss of profit, or any indirect or consequential loss arising from or in connection with the provision of the Products; and
(c) our total liability to you for all losses arising from or in connection with the use of the Platform shall be limited to the price of the relevant Products sold to you on our Platform.
10.2 Nothing in these terms will limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (where applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
11 USE OF YOUR PERSONAL INFORMATION
11.1 When you register or otherwise use our Platform, you provide us with personal data which is collected and used in accordance with the terms of our privacy policy which is accessible at https://jollybellyfm.com.my/privacy . It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.
12 ACCOUNT
12.1 Certain features and services on our Platform are only available for users who have registered for an account. In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
12.2 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
12.3 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
12.4 You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.
13 YOUR REPRESENTATIONS
13.1 Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
13.2 If you are using the Platform on behalf of an entity, by using the Platform you represent that you have the necessary rights and authority to agree to these terms on behalf of that entity.
14 WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
14.1 Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
14.2 We have no control over the contents of those sites or resources.
15 ENTIRE AGREEMENT
15.1 These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform.
15.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
16 OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
17 GOVERNING LAW AND JURISDICTION
17.1 These terms are governed by and shall be construed in accordance with the laws of Malaysia.
Last updated: [8th February 2022]
Schedule 1
Acceptable Use Policy
As part of these terms, you agree not to misuse the Platform or help anyone else to do so. For example, you agree not to do any of the following in connection with the Platform:
(a) use our Platform for unlawful or unauthorised purposes;
(b) re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
(c) probe, scan, or test the vulnerability of any system or network;
(d) breach or otherwise circumvent any security or authentication measures or service use limits;
(e) access, tamper with, or use non-public areas or parts of the Platform;
(f) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
(g) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
(h) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;
(i) send unsolicited communications, promotions or advertisements, or spam;
(j) forge any TCP/IP packet header or any part of the header information in any email;
(k) send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
(l) conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
(m) abuse referrals or promotions;
(n) post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
(o) violate the letter or spirit of our terms of use;
(p) violate applicable laws or regulations in any way; or
(q) violate the privacy or infringe the rights of others.