Terms & Conditions

SECTION A – GENERAL TERMS

INTRODUCTION

USER AGREEMENT

1. INTRODUCTION

1.1 This Sapotlokal online marketplace platform is operated by Jomsapotlokal Sdn. Bhd. (Company No.1407851-W). Throughout terms and conditions of this platform, the term “we”, “us” and “our” refer to Jomsapotlokal Sdn. Bhd. We offer this online platform, including all information, tools and services available from this online platform to you, conditioned upon your acceptance of all terms, conditions, policies and notice states here.

1.2 By visiting our platform, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions” or “Terms”), including those additional terms and conditions and policies referenced herein or any other supplementary contract dully accepted by you. These Terms and Conditions apply to all users of this platform, including without limitation users who are browsers, vendors, customers, service providers and/ or contributors of content.

1.3 For the use of the services in this platform as a Vendor or Customer and/or access of this platform, you may be required to provide to us your information such as trade name, address, email, phone number, URL, the nature of your business or activities, and others applicable. We may also collect your personal information (including name, date of birth, and identification supporting documents) about your beneficial owners and directors. You hereby grant your applicable law or legislation. You shall solely responsible for keeping passwords and other account identifiers safe and secure. We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

1.4 Please read these Terms and Conditions carefully before accessing or using the platform. If you do not agree to these Terms and Conditions as well as supplementary contract, do not access and/or use this platform and/or the Services.

1.5 By agreeing to these Terms and Conditions, you represent that you are at least the age of 18 and you have given us your consent to allow any of your minor dependents to use this platform.

2. PRIVACY NOTICE

2.1 Please review our Privacy Notice, which also governs your use of our Services, to understand our practices. You hereby accept the Privacy Notice and any updates and amendments thereto from time to time. 

3. USE OF SAPOTLOKAL ONLINE MARKETPLACE PPLATFORM

3.1 We grant you a revocable and limited license to access to and use this platform subject to these Terms and Conditions. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted herein without notice you.

3.2 You may use this platform solely for your own personal or internal purposes. You agree that you shall not copy, reproduce or download any information, text, image, video clips, directories, files, databases or listings available on or through this platform for the purpose of re-selling or re-distributing, mass mailing, or otherwise commercially exploiting the contents herein. 

4. PRODUCTS AND SERVICES

4.1 We shall reserve rights to limit our services to any person, geographic region or jurisdiction. We also reserve rights to limit the services offered by us. All descriptions of services or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve exclusive rights to discontinue offering of any service at any time.

5. THIRD-PARTY SERVICES AND LINKS

​​​​​​​5.1 Certain services and contents available on this platform or via our Services may include those as prepared or managed by third parties. We have not formulated any service agency arrangement with such third parties. We are not responsible for the accuracy, propriety, lawfulness or truthfulness of any third-party contents, and shall not be liable to you in connection with your reliance of such third-party contents.

5.2 Third-party links on this platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites.

5.3 ​​​​​​We shall not be held liable for any harm or damages suffered by you related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or service providers. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third parties.

6. VENDOR’S RESPONSIBILITIES

6.1 ​​​​​​​All approved vendors who offer their products and services on Sapotlokal’s platform, shall properly manage and ensure that following information is updated on this platform from time to time and shall not be inaccurate or misleading: –

  1. name of the person or company who operates the online business or the name of the online business;
  2. registration number of the business or company, if applicable;
  3. full price of the goods or services (including transportation costs, taxes and any other costs if applicable;
  4. description of the main characteristics of the goods and services being provided;
  5. email address and telephone number, or address of the person who operates the online business;
  6. business bank and account numbers;
  7. Booking fee or full- service charge payable for specific appointment if applicable;
  8. ​​​​​​​business address/premises.
  9. terms and conditions.
  10. method of payment;

 

6.2 ​​​​​​​You hereby undertake and confirm that all necessary licenses, approvals, permits, registrations, fillings or others in relation to promotion and offering of your products and services on this platform had been duly procured.

​​​​​​​6.3 You hereby undertake and confirm that you had obtained all necessary third-party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information you publish on this platform or authorize us to publish do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party.

​​​​​​​6.4 You hereby acknowledge that all terms of payment, refund policy, money-back guarantee, warranties, merchantability, suitability for use or other such policy that you may provide to your customers in respect of goods and services offered by you on this website shall be formulated solely between you and your customers. In relation hereto, we shall not be held liable in any manner whatsoever in the event there is a dispute between you and any of your customers. For clarity purpose, we are not a party to the sale or service contract as formulated between you and your customers and we accept no obligations in connection with any such contract.

6.5 ​​​​​​​You agree and acknowledge that we may at our discretion engage in promotional activities to induce transactions between you and your customers by reducing, discounting or refunding fees, or in other ways. The final price that customers will pay actually will be the price that such adjustment is applied to.

​​​​​​​6.6 You shall issue receipts; credit card slips or tax invoices to customers on request. In addition, you acknowledge and agree that you will be responsible for paying all taxes, customs and duties for the products and services as offered by you and we shall not in whatsoever way be made liable or responsible for the same.

7. USER/CUSTOMER’S RESPONSIBILITIES

7.1 User/Customer shall bare or pay a fixed Transaction Fee of RM1.00 for every single transaction.

8. INTELLECTUAL PROPERTY

8.1 ​​​​​​​All intellectual property rights (registered or unregistered), information content, website design and all software compilations, underlying source code and software (collectively “Intellectual Property”) shall remain our property or where applicable, our affiliates or our business partners.

​​​​​​​8.2 No part of this platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written consent. You shall not claim any right, title or interest therein.

9. PROHIBITED USES

9.1 ​​​​​In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using this platform or the Services: –

  1. to upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another person’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. to interfere with or circumvent the security features of the Services in this platform,
  3. to collect or track the personal information of others; and
  4. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or this platform.
  5. to infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  6. to violate any regulations, rules, laws, or legislation;

 

10. DISCLAIMER OR WARRANTIES AND LIMITATION OF LIABILITY

10.1 We do not guarantee, represent or warrant that your use of the platform Services will be uninterrupted, timely, secure or error-free.

10.2 We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

10.3 Any material downloaded or otherwise obtained through this platform is done at your sole discretion and risk and you shall solely responsible for any damage caused to your computer system or loss of data that may result from the download or any such material.

10.4 In no case shall us be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services to the maximum extent permitted by law.

11. REFUND POLICY

11.1 User/customer will receive full refund and deposited in his/her online e-wallet account for future order if he/she cancel the order before acceptance of order by vendor.

11.2 User/customer will not receive any refund if he/she cancel the order after acceptance of order by vendor.

12. TERMINATION, SUSPENSION AND INVESTIGATION

​​​​​​12.1 We may, without prior notice to you, immediately suspend, terminate or revoke any or all of your rights granted under these Terms and Conditions. Upon suspension or termination, you shall immediately cease all access to and use of this platform and we shall, in addition to any other legal or equitable remedies, immediately deny your access to and use of this platform in whole or in part. You agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. 

12.2 In addition, we reserve the right, but shall not be obliged to: –

  1. monitor, screen or otherwise control any activity, content or material on this platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms and Conditions and may take any action deems appropriate;
  2. prevent or restrict access of any unauthorized user to this platform; and
  3. report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.

 

13. INDEMNIFICATION​​​

13.1 You agree to indemnify, defend and hold harmless us and our shareholders, subsidiaries, affiliates, directors, officers, agents and employees, harmless from any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses due to or arising out of the following: –

  1. your breach of these Terms and Conditions;
  2. any content uploaded by you.
  3. your breach of any law or any rights of third party; or
  4. your use or misuse of this platform;
  5. any transaction made by you on this platform;

 

14. SEVERABILITY

​​​​​​​​​​​​​​14.1 In the event that any section of these Terms and Conditions is determined to be unlawful, void or unenforceable, such section shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining sections.

15. ENTIRE AGREEMENT

15.1 The failure of us to exercise or enforce any right or section of these Terms and Conditions shall not constitute a waiver of such right or section.

15.2 These Terms and Conditions and any policies or notices posted by us this platform or in respect to the Services constitute the entire agreement and understanding between you and us and govern and proposals, whether oral or written, between you and us.

15.3 Any ambiguities in the interpretation of these Terms and Conditions shall not be construced against the drafting party.

16. SUPPLEMENTARY CONTRACT FOR VENDOR

16.1 The Supplementary Contract will be sent to vendors via email after their registration on the platform has been approved. Within seven days of the date of our email to the applicant, if we do not receive feedback from them in writing, we will presume that they have agreed to the terms of the Supplementary Contract.

17. GOVERNING LAW

​​​​​​​17.1 These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. You hereby agree to submit to the jurisdiction of the Courts of Malaysia.

18. AMENDMENTS AND CHANGES

​​​​​​​18.1 We reserve absolute rights, at our sole discretion, to modify or amend any part of these Terms and Conditions and the content of this platform. It is your responsibility to check our platform periodically for changes. Your continued use of or access to our platform or the Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

19. ACCOUNT DELETION

19.1 A user of Sapotlokal, can delete the user account upon request (via email to help@sapotlokal.com.my). This data is deleted from the system immediately and cannot be recovered by any users or Sapotlokal employees after this point. Data that has been deleted or otherwise destroyed can not be recovered at any time. A sufficient warning is given to the account administrator before data is permanently deleted.

19.2 Data may still remain in the system backup files, which will be deleted periodically.

19.3 Information may be deleted from our databases upon request to help@sapotlokal.com.my.

19.4 We undertake to perform the deletion within 1 week (7 working day) and will send you a confirmation once the information has been deleted. Wherever possible, we will aim to complete the request in advance of the deadline. 

20. CONTACT INFORMATION 

​​​​​​​20.1 Shall you have any queries or require further assistance pertaining to these Terms and Conditions, you may contact us at [help@sapotlokal.com.my].

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