Terms and Conditions
1.1 Welcome to the ehalal2u platform. Please read the following Terms and Conditions carefully before using this platform or opening an Ehalal2u account so that you are aware of your legal rights and obligations with respect to Inter XS Media Sdn. Bhd. (Company Registration No. 913903-V).
1.3 Ehalal2u reserves the right to change, modify, suspend or discontinue all or any part of this platform or the services at any time or upon notice as required by local laws. Ehalal2u may also impose limits on certain features or restrict your access to parts of, or the entire, platform or services in its sole discretion and without notice or liability.
1.4 Ehalal2u reserves the right to refuse to provide you access to the platform or services or to allow you to open an account for any reason.
1.5 By using ehalal2u 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.
1.6 If you do not agree to these terms, please do not use our services or access the platform. If you are under the age of 13, you must get permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to the terms of this agreement.
(ii) agree and acknowledge that the registered rights of your User information are jointly owned by you and Ehalal2u; and
(iii) shall not, whether directly or indirectly, disclose your User information to any third party, or otherwise allow any third party to access or use your User information, without Ehalal2u’s prior written consent.
3.0 ACCOUNTS AND SECURITY
3.2 You agree to:
(a) keep your password private and use only your Username/email and password when logging in
(b) ensure that you log out from your account at the end of each session on the platform,
(c) immediately inform Ehalal2u of any unauthorised use of your account, Username/email and/or password, and
(d) ensure that your account information is accurate and up-to-date.
You are fully responsible for all activities that occur under your Username/email and account even if such activities or uses were not committed by you. Ehalal2u will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
3.3 You agree that Ehalal2u may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your account and your Username/email , remove or discard from the platform any Content associated with your account and Username/email , withdraw any subsidies offered to you, cancel any transactions associated with your account and Username/email , temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Ehalal2u thought necessary. Reasons for such actions may include, but are not limited to, actual or suspected
(a) extended periods of inactivity,
(b) violation of the letter or spirit of these Terms and Conditions,
(c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour
(d) having multiple User accounts,
(e) buying products on the platform for the purpose of commercial re-sale,
(f) abnormal or excessive purchase of products from the same Seller or related group of Sellers,
(g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant mark-up above face value and/or abnormal or excessive use of vouchers on the platform), or
(h) behaviour that is harmful to other Users, third parties, or the business interests of Ehalal2u.
Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your account or your use of the services for any reason, Ehalal2u may terminate your account immediately with or without notice.
3.4 Users may terminate their account if they inform Ehalal2u in writing (including via email at email@example.com )of their desire to do so. Anyhow of any such termination, Users remain responsible for any incomplete transaction (whether begun prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Ehalal2u after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms and Conditions. Ehalal2u shall have no liability, and shall not be accountable for any damages incurred due to the actions taken in accordance with this Section.
4. TERM OF USE
4.1 The license for use of this platform and the services is effective until terminated. This license will terminate if you fail to comply with any of these Terms and Conditions. In any such event, Ehalal2u may terminate you with or without notice to you.
4.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items Policy;
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the services to harm minors in any way;
(d) use the services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) falsify the title or otherwise manipulate the identifier to disguise the origin of any Content transmitted through the service;
(f) remove any proprietary notices from the platform;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the services without the express permission of Ehalal2u;
(h) use the services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple User accounts in connection with any conduct that violates either the letter or spirit of these Terms and Conditions;
(k) access the Ehalal2u platform, open a User account, or otherwise access your User account using an emulator, simulator, bot or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User’s listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Ehalal2u with respect to the services and/or data transmitted, processed or stored by Ehalal2u;
(o) harvest or collect any information about or regarding other account holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the services or servers or networks connected to the services or any other User’s use and enjoyment of the services, or disobey any requirements, procedures, policies or regulations of networks connected to the platform;
(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the services or the servers or networks connected to the services;
(w) use the services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use the services in violation of or to avoid/circumvent any sanctions or embargo administered or enforced by Ministry of Finance;
(y) use the services to violate the privacy of others or to “stalk” or otherwise harass another;
(z) infringe the rights of Ehalal2u, including any intellectual property rights and any passing off of the same thereof;
(aa) use the services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the services in a manner which will infringe the intellectual property rights of others.
(cc) direct or encourage another User to conduct a transaction other than on the platform.
4.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the platform. To the maximum extent permitted by applicable law, under no circumstances will Ehalal2u be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the platform.
4.4 You acknowledge that Ehalal2u shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the platform without any liability to you. Without limiting the foregoing, Ehalal2u shall have the right to remove any Content:
(i) that violates these Terms and Conditions or our Prohibited and Restricted Items Policy;
(ii) if we receive a complaint from another User;
(iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or
(iv) if such Content is otherwise objectionable.
We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the services as part of our effort to protect the services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Ehalal2u or submitted to Ehalal2u, including, without limitation, information in all other parts of the Platform.
4.5 You acknowledge, consent to and agree that Ehalal2u may access, preserve and disclose your account information and ontent to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Ehalal2u or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms and Conditions or our Prohibited and Restricted Items Policy;
(c) respond to claims that any Content violates the rights of third parties, including intellectual property rights;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of Ehalal2u, its Users and/or the public.
5. VIOLATION OF OUR TERMS AND CONDITIONS
5.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
(a) Listing deletion
(b) Limits placed on Account privileges
(c) Account suspension and subsequent termination
(d) Criminal charges
(e) Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
5.2 Please contact firstname.lastname@example.org if you believe a User on our Platform is violating these Terms and Conditions,
6. LIMITED LICENSE
6.1 Ehalal2u grants you a limited and revocable license to access and use the services subject to the Terms and Conditions. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the platform are the property of Ehalal2u and where applicable, third party proprietors identified in the platform. No right or licence is granted directly or indirectly to any party accessing the platform to use or reproduce any Intellectual Property, and no party accessing the platform shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the services, the platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the services, the platform or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the Contents of this Platform on any other server or as part of any other web platform. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search web platforms to direct Internet Users to this web platform).
6.2 You are welcome to link to our platform from your web platform, provided that your web platform does not imply any endorsement by or association with Ehalal2u. You acknowledge that Ehalal2u may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
7. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
7.1 Ehalal2u does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).
7.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Ehalal2u in any way and Ehalal2u is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Platform.
7.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by contacting us email@example.com and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Ehalal2u will respond to your complaint as soon as practicable.
7.4 Complaints under this Section 8 must be provided in the form prescribed by Ehalal2u, which may be updated from time to time, and must include at least the following:
(a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”);
(b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights;
(c) a description of the nature of alleged infringement with sufficient details to enable Ehalal2u to assess the complaint
(d) URL(s) of the listing(s) which contain the alleged infringement;
(e) sufficient information to allow Ehalal2u to contact the Informant, such as Informant’s physical address, telephone number and e-mail address;
(f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law;
(g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.
7.5 Ehalal2u acknowledges a manufacturer’s right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the sellers, Ehalal2u does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution.
7.6 Each and every Seller agrees to hold Ehalal2u and its Affiliates harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content or product listings pursuant to or in relation to any intellectual property infringement claim.
8.1 Any software provided by us to you as part of the services is subject to the provisions of these Terms and Conditions. Ehalal2u reserves all rights to the software not expressly granted by Ehalal2u below. Any third-party scripts or code, linked to or referenced from the services, are licensed to you by the third parties that own such scripts or code, not by Ehalal2u.
9. PURCHASE AND PAYMENT
9.1 Ehalal2u supports only online banking payment methods. Buyer must make payments via online banking through Bizappay to our bank account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia.
9.2 Ehalal2u, for the time being only accepts online bank transfers from Affin Bank, AGRONet, Alliance Bank (Personal), AmBank, Bank Islam, Bank Muamalat, Bank Rakyat, BSN, CIMB Clicks, Hong Leong Bank, HSBC Bank, Maybank2E, Maybank2U, OCBC Bank, Public Bank, RHB Bank, Standard Chartered, and UOB Bank.
9.3 Ehalal2u takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased.
10. EHALAL2U POINTS REWARD SYSTEM
10.1 Users may earn loyalty points (Ehalal2u Points) by buying goods on the platform upon the completion of a successful transaction or activity approved by Ehalal2u.
10.2 Incomplete transaction on the platform do not qualify for the Ehalal2u Points reward system.
10.3 Ehalal2u Points have no monetary value, do not constitute Buyer’s property and cannot be purchased, sold, transferred or redeemed for cash by Buyer.
10.4 User may use Ehalal2u Points to offset the purchase price of selected items when making purchases on the platform as advised by Ehalal2u from time to time. It is subjected to Ehalal2u rules and regulation as determined, varied or modified by Ehalal2u from time to time, subject to any cap imposed by Ehalal2u at its sole discretion. All refunds will be subject to Ehalal2u’s Refunds and Return Policy under Section 12.
10.5 The Ehalal2u Points you redeem will be deducted from your Ehalal2u Points balance. Check your account details on the platform for Ehalal2u Points balances.
10.6 Ehalal2u gives no warranty and accepts no responsibility as to the ultimate tax treatment of Ehalal2u Points. You will need to check with your tax advisor whether receiving Ehalal2u Points affects your tax situation.
10.7 Ehalal2u reserves the right to:
(a) discontinue the Ehalal2u Points Reward System and at any time
(b) suspend or cancel a User’s right to participate in Ehalal2u Points Reward System, including the ability to earn and redeem Ehalal2u Points at its sole discretion.
11.1 Seller should then make the necessary arrangements to have the purchased item/good delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the platform.
11.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable.
11.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s)/good(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s)/good(s).
11.4 If purchased item(s)/good(s) is lost, damaged or failure of delivery during the course of delivery, Ehalal2u will not be liable for any damage, expense, cost or fees resulted from it and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
12. CANCELLATION, RETURN AND REFUND
12.1 Buyer may only cancel his/her order prior to the payment.
12.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of 7-day Period, if applicable, subject to and in accordance with Ehalal2u’s Refunds and Return Policy. Please refer to Ehalal2u’s Refunds and Return Policy for further information.
12.3 Ehalal2u reserves the right to cancel any transaction on the Platform and Buyer agrees that Buyer’s sole remedy will be to receive a refund of money paid into Ehalal2u bank account.
12.4 If you have redeemed Ehalal2u Points for your transaction and you are successful in obtaining a refund based on Ehalal2u’s Refunds and Return Policy, Ehalal2u shall refund the monies you have actually paid for the item and credit back any redeemed Ehalal2u Points to your Account separately.
12.5 Ehalal2u does not monitor the cancellation, return and refund process for offline payment.
12.6 Refunds to Buyers shall be made to bank account/credit/debit card within one (1) day of the return or refund request being approved.
13. SELLER’S RESPONSIBILITIES
13.1 Seller shall accurately manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.
13.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
13.3 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Ehalal2u cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
13.4 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.
13.5 Seller acknowledge and agrees that Seller’s violation of any of Ehalal2u’s polices will result in a range of actions as stated in Section 7.1.
14.1 In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Ehalal2u shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
14.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Ehalal2u or its Affiliates (except where Ehalal2u or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.
14.3 Users may send written request to Ehalal2u to assist them in resolving issues which may arise from a transaction upon request. Ehalal2u may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to Ehalal2u’s Refunds and Return Policy.
14.4 Buyer using other payment means for his/her purchase should contact Seller directly.
15. COMMISSION FEES
15.1 Ehalal2u charges a fee for all successful transactions completed on the platform (Commission Fee). The Commission Fee is borne by the Seller, and is calculated at four percent (4%) of the Buyer’s purchase monies. The Commission Fee is subject to 6% SST (Tax), and the Seller is responsible for such Tax. Seller is also responsible of fixed transaction charge RM1.00(Bizappay) of every successful transaction made by Buyer. The shipping cost goes to Seller. Therefore, the overall total amount Seller will be charged is 4.24% + RM1.00.
16.1 Ehalal2u welcomes information and feedback from our Users which will enable Ehalal2u to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email (firstname.lastname@example.org) and anonymous feedback will not be accepted.
(ii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iii) Vague and defamatory feedback will not be entertained.
17. YOUR CONTRIBUTIONS TO THE SERVICES
17.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Ehalal2u. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Ehalal2u and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
18. LINKS TO THIRD PARTY SITES
18.1 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Ehalal2u in any manner whatsoever and you therefore access them at your own risk. Ehalal2u is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Ehalal2u is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Ehalal2u of any linked site and/or any of its content therein.
19. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
19.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Ehalal2u is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Ehalal2u responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
19.2 In addition, the Services may contain links to third party products, websites, services and offers. These third-party links, products, websites and services are not owned or controlled by Ehalal2u. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Ehalal2u has not reviewed, and assumes no responsibility for the Content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Ehalal2u shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Ehalal2u may disable your use of, or remove, any third-party links, or applications on the Services to the extent they violate these Terms and Conditions.
20. YOUR REPRESENTATIONS AND WARRANTIES
20.1 You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms and Conditions and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms and Conditions and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
21. FRAUDULENT OR SUSPICIOUS ACTIVITY
21.1 If Ehalal2u, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Ehalal2u, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by a competent court or elsewhere and directed to Ehalal2u;
(c) We may refuse to provide the Services to you now and in the future;
(d) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Ehalal2u or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
For the purposes of this Section:
“Chargeback” means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
“Claim” means a challenge to a payment that a Buyer or Seller files directly with Ehalal2u.
“Reversal” means the reversal of a payment by Ehalal2u because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by Ehalal2u, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms and Conditions or any other Ehalal2u policy, or (e) Ehalal2u decided a Claim against you.
22.1 You agree to indemnify, defend and hold harmless Ehalal2u, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:
(a) any transaction made on the Site, or any dispute in relation to such transaction (except where Ehalal2u or its Affiliates is the Seller in the transaction that the dispute relates to),
(b) the Ehalal2u Guarantee,
(c) the hosting, operation, management and/or administration of the Services by or on behalf of Ehalal2u,
(d) your violation or breach of any term of these Terms and Conditions or any policy or guidelines referenced herein,
(e) your use or misuse of the Services,
(f) your breach of any law or any rights of a third party, or
(g) any Content uploaded by you.
23.1 If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
24. GOVERNING LAW
24.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms and Conditions against or relating to Ehalal2u or any Indemnified Party under these Terms and Conditions shall be referred to and finally resolved by arbitration in Malaysia in accordance with the International Arbitration Laws and Regulations for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
25. GENERAL PROVISIONS
25.1 Ehalal2u reserves all rights not expressly granted herein.
25.2 Ehalal2u may modify these Terms and Conditions at any time by posting the revised Terms and Conditions on this Platform. Your continued use of this Platform after such changes have been posted shall constitute your acceptance of such revised Terms and Conditions.
25.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
25.4 Nothing in these Terms and Conditions shall constitute a partnership, joint venture or principal-agent relationship between you and Ehalal2u, nor does it authorise you to incur any costs or liabilities on Ehalal2u’s behalf.
25.5 The failure of Ehalal2u at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
25.6 These Terms and Conditions are solely for your and our benefit and are not for the benefit of any other person or entity, except for Ehalal2u’s affiliates and subsidiaries (and each of Ehalal2u’s and its affiliates’ and subsidiaries’ respective successors and assigns).
25.7 The terms set forth in these Terms and Conditions and any agreements and policies included or referred to in these Terms and Conditions constitute the entire agreement and understanding of the parties with respect to the Services and the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms and Conditions, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms and Conditions. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms and Conditions may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
25.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the Malaysian Anti-Corruption Commission Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
25.9 If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions or on the platform, please contacts us at: email@example.com
26.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY EHALAL2U OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EHALAL2U DOES NOT WARRANT THAT THE SERVICES, THIS PLATFORM 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 PLATFORM 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 OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
26.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
26.3 EHALAL2U HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS.IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE EHALAL2U AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE
27. EXCLUSIONS AND LIMITATIONS OF LIABILITY
27.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EHALAL2U BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF EHALAL2U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
27.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
27.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, EHALAL2U IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE EHALAL2U GUARANTEE.
27.4 NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY EHALAL2U’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF EHALAL2U THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.