TERMS & CONDITIONS (CONSUMER)

 

1.             INTRODUCTION

 

1.1         The following terms and conditions shall apply and governing the Consumer upon their use of Reach s Service. Before becoming a Consumer of the Service, you must read and accept all of the following Terms & Conditions and you must consent to the processing of your personal data as required by the Site. BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU IRREVOCABLY AND UNCONDITIONALLY ACKNOWLEDGE, AGREE AND CONSENT THAT YOU ACCEPT THE PRACTICES, REQUIREMENTS, AND/ OR POLICITES OUTLINED IN THESE TERMS AND CONDITIONS and shall constitute a legal, valid and binding obligation of the Consumer and fully enforceable against the Consumer in accordance with its terms. Consumer shall not raise the use of an Electronic Delivery to deliver his confirmation of the terms and conditions, or the fact that any signature or agreement or instrument was transmitted or communicated through the use of an Electronic Delivery, as a defence to the formation of a contract, and Consumer forever waives any such defences.

 

1.2         Terms and Conditions and any addendums and amendments to it, may be accept in one or more textually identical counterparts, all of which will be considered one and the same agreement and will become effective when one or more counterparts have been accepted by the Consumer and delivered to REACH, it being understood that all Parties need not sign the same counterpart. Any such counterpart, to the extent delivered by fax or pdf, .tif, .gif, .jpg, .jpeg or similar attachment to electronic mail (any such delivery, hereinafter referred to as an Electronic Delivery ), will be treated in all manner and respects as an original executed counterpart and will be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person.

 

1.3         Kindly be informed that Reach shall only provide an online platform service that provides a place and opportunity for the sale of goods between the Consumer (collectively you or Consumer ) and the Merchant/Trader/Vendor/Logistic Providers ( Seller ). The actual contract for sale is directly between Consumer and Seller where Reach is not a party to that or any other contract, transaction and/ or dealings between Consumer and Seller and accepts no obligations in connection with any such contract, transaction and/ or dealings. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Reach is not involved in the transaction between Consumer. Reach cannot ensure that Seller will actually complete a transaction.

 

1.4         Reach reserves the right to change, modify, suspend or discontinue these Terms & Conditions and all or any part of this Site or the Services at any time without any prior notification. Certain Services or features might be released in Beta version by Reach, and Reach shall not be find liable or responsible should such Beta version do not or failed to work correctly or in the same way the final version may work. Reach reserve the rights and authority to impose restrictions 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.

 

1.5         Reach reserves the right and discretion to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

 

2.             INTERPRETATION

 

2.1.        In this Terms & Conditions, the following words will have the meanings assigned to them in this clause, except where inconsistent with the context:

 

Service means facilities provided by Reach which include (a) the Site, (b) the services provided by the Site and by Reach client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content") or any new features added to the Services.

 

Consumer means the natural person or legal entity(ies) who or which has/ have purchased Products and/or services from the Merchant/Trader/Vendor/Logistic Provider;

 

Application means the Apps;

 

Fees means the fees payable by the Merchant/Trader/Vendor/Logistic Provider to REACH for using of REACH as stated in Appendix A, or such other fee as may be prescribed by REACH from time to time;

 

Merchant means a person or local company involved in wholesale trade, sale and supply locally in Malaysia for Product/ Service on REACH platform;

 

Trader means a person or oversea company involved in wholesale trade, sale and supply locally in Malaysia for Product/ Service on REACH platform;

 

Vendor means a person, local or oversea company involved in wholesale trade, sale and supply locally in Malaysia for OEM Product/ Service on REACH platform under the name and trademark of REACH or any other name or trademark otherwise agreed between the Parties;

 

Logistic Provider means a person or company that provides supply chain management services including but not limited to transportation, warehousing or distribution services;

 

Merchant/ Trader/ Vendor/ Logistic Provider Code means a Merchant/Trader/Vendor/Logistic Provider code that is assigned to the Merchant/Trader/Vendor/Logistic Provider upon a successful application for the use of the Service;

 

Intellectual Property Rights means logo, patents, registered designs, trademarks and service marks (whether registered or not), copyright, database right, design right, moral right, and other property rights in other jurisdictions that grant similar rights as the foregoing including those subsisting in invention, drawings, performances, software, databases, business names, goodwill and style of presentation of goods and services and in applications for the protection thereof;

Personal Data means (a) data or information from which an individual is identifiable or could reasonably be identified (either by itself or in combination with other data) and any other personal data as such term is defined in the Malaysian Personal Data Protection Act 2010; and (b) network or transaction information and other technical information related or connected to an individual that according to best digital services industry practice should be treated the same as personal data that is captured by (a) above in this definition, regardless of whether such information meets the criteria set out in (a) above in this definition;

 

PDPA means Personal Data Protection Act 2010;

 

Process or Processing means collecting, recording, holding or storing Personal Data or carrying out any operation or set of operations on Personal Data, including: (a) the organization, adaptation or alteration of Personal Data; (b) the retrieval, consultation or use of Personal Data; (c) the disclosure of Personal Data by transmission, transfer, dissemination or otherwise making available; or (d) the alignment, combination, correction, erasure or destruction of Personal Data. Products means the products and/or services offered by the Merchant/Trader/Vendor/Logistic Provider for sale to the Consumers on the Merchant/Trader/Vendor/Logistic Provider s Platform;

 

Platform means REACH s website, a products and services ordering platform allowing Merchant/Trader/Vendor/Logistic Provider to promote and sell its products and services;

 

Prohibited Transactions means the list of prohibited transactions;

 

Services means the service provided by REACH of a secured online payment solution via the REACH that facilitates acceptance of payment requests, the activation and processing of the purchase by the Consumer that shall utilise the successful REACH obtained by the Consumer to purchase products and/or services in a single transaction, thereafter the Merchant/Trader/Vendor/Logistic Provider receiving payment in full from REACH after deducting the agreed Fees;

 

Transaction means a transaction formulated on the Platform whereby payment shall be made by the Merchant/Trader/Vendor/Logistic Provider s Consumer in respect of a sale of goods or provision of services from the Merchant/Trader/Vendor/Logistic Provider;

 

Card or Payment Scheme means any card payment systems (such as VISA, MasterCard, American Express or othes) or bank payment scheme (such as direct banking system, direct debit system or bank transfer system);

 

Merchant/ Trader/ Vendor/ Logistic Provider Account means Merchant/Trader/Vendor/Logistic Provider registered electronic money account(s) held with REACH or bank account designated by Merchant/Trader/Vendor/Logistic Provider (as the case may be);

 

Product means any product or service offered by Merchant/Trader/Vendor/Logistic Provider to its Consumers and which is ordered, purchased or otherwise provided to a Consumer pursuant to a Transaction;

 

Transaction means any transaction between Merchant/Trader/Vendor/Logistic Provider and its Consumer using the Services for the purchase of goods and/ or services from Merchant/Trader/Vendor/Logistic Provider.

 

3.             PRIVACY

 

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3.1         By using the Services or providing information on the Site, you have irrevocably and unconditionally acknowledge, agree and consent:-

 

3.1.1         Reach's collection, use, disclosure and/ or processing of your information, including but not limited to your personal data, preference and content.

 

3.1.2         Reach s collection of personal data, preference and content of other individuals (exp family members, friends or persons in contact list) that disclosure by you. Should you provide us with their personal data, you warrant and covenant that you have obtained their prior consent for their personal data to be processed in accordance with these Terms and Conditions and any liability thereby incurred shall not attributable to Reach.

 

3.1.3         Information submitted shall be accurate and not misleading and any changes or inaccuracies shall be update promptly by you.

 

3.1.4         Information voluntarily submitted in your Social Media Account if you sign up to be a user of the Site using your social media account or link your Reach account to your Social Media and duly agree and/ or consent Reach shall manage and use any such personal data in accordance to this Terms and Conditions at all times.

 

3.1.5         Reach may disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) comply with a request from any governmental or regulatory authority; (c) enforce this Terms of Service or this Privacy Policy; (d) respond to any threatened or actual claims asserted against Reach or other claim that any Content violates the rights of third parties; (e) protect the rights, property or personal safety of Reach, its users and/or the public.

 

4.             LIMITED LICENSE

 

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4.1         You shall only be granted with a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms & Conditions. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property ( Intellectual Property ) displayed in the Site are the property of Reach and where applicable, third party proprietors identified in the Site. And you shall not and strictly prohibited from using or reproduce any Intellectual Property, and shall not 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 Site and its Content. You irrevocably and unconditionally warrant not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, reserve-engineer, rent, sell, or create derivative works of any portion of the Services, the Site or its Content without our prior written consent.

 

5.             REPRESENTATIONS AND WARRANTIES

 

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5.1         You represent and warrant that:

 

5.1.1         you possess the legal capacity (and in the case of a minor with valid parent or legal guardian consent) and ability to enter into these Terms & Conditions and to comply with its terms; and

 

5.1.2         you will use the Services for lawful purposes only and in accordance with these Terms & Conditions and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

 

6               ACCOUNTS AND SECURITY

 

6.1         Account shall be open by creating Consumer identification ( Consumer ID ) with the password at your choice and with certain personal information that might request from the Site.

 

6.2         You irrevocably and unconditionally agree to (a) keep your password confidential and use only your Consumer ID and password when logging in, (b) log out your Consumer ID when it was not in use; (c) immediately notify Reach of any unauthorised use of your Account, Consumer ID and/or password; (d) maintain the Consumer ID for your own and personal use only; and (e) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your Consumer ID and Account even if such activities or uses were not committed by you. Reach shall not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

 

6.3         You irrevocably and unconditionally agree that Reach may for any reason, at its sole and absolute discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your Consumer ID, remove or discard from the Site any Content associated with your Account and Consumer ID, cancel or suspend any transactions associated with your Account and Consumer ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Reach deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms & Conditions, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple Consumer accounts, (e) abnormal or excessive purchase of products that Reach finds suspicious (f) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits), or (g) behaviour that is harmful to other Consumer, third parties, or the business interests of Reach. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to enforcement authorities without notice to you. Any arising of legal dispute or law enforcement action relates to your Account or your use of the Account might cause immediate termination of Account by Reach with or without notice.

 

6.4         Termination of Account can be made via notification in writing to Reach of their desire to do so. Notwithstanding of any such termination, Consumer shall remain responsible and liable for any previous transaction, breach, non-compliance whatsoever according to the Terms & Conditions.

 

7               TERM OF USE

 

7.1         The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms & Conditions or if you fail to comply with any term or condition of these Terms & Conditions. In any such event, Reach may effect such termination with or without notice to you.

 

7.2         You agree not to:-

 

7.2.1         upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

 

7.2.2         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;

 

7.2.3         upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;

 

7.2.4         use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

 

7.2.5         forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

 

7.2.6         remove any proprietary notices from the Site;

 

7.2.7         cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Reach;

 

7.2.8         use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

 

7.2.9         use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

 

7.2.10      open and/or operate multiple Consumer accounts in connection with any conduct that violates either the letter or spirit of these Terms & Conditions;

 

7.2.11      access the Reach platform, open a Consumer account, or otherwise access your Consumer account using an emulator, simulator, bot or other similar hardware or software;

 

7.2.12      take any action that may undermine the feedback or ratings systems;

 

7.2.13      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 Reach with respect to the Services and/or data transmitted, processed or stored by Reach;

 

7.2.14      harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

 

7.2.15      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);

 

7.2.16      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;

 

7.2.17      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;

 

7.2.18      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;

 

7.2.19      disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Consumer of the Services are able to type, or otherwise act in a manner that negatively affects other Consumer' ability to engage in real time exchanges;

 

7.2.20      interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other Consumer's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

 

7.2.21      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;

 

7.2.22      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;

 

7.2.23      use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the country of Malaysia;

 

7.2.24      use the Services to violate the privacy of others or to "stalk" or otherwise harass another;

 

7.2.25      infringe the rights of Reach, including any intellectual property rights and any passing off of the same thereof;

 

7.2.26      use the Services to collect or store personal data about other Consumer in connection with the prohibited conduct and activities set forth above;

 

7.2.27      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; and/or

 

7.2.28      direct or encourage another Consumer to conduct a transaction other than on the Site.

 

7.3         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, and not Reach, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Reach 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 Site. In any event, you irrevocably and unconditionally undertake to indemnify Reach for any loss or damages thereby incurred due to your breach or non-compliance of the Section.

 

7.4         You acknowledge that Reach and its designees 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 Site without any liability to you. Without limiting the foregoing, Reach and its designees shall have the right to remove any Content (i) that violates these Terms & Conditions or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another Consumer; (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 Consumer, 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 Reach or submitted to Reach, including, without limitation, information in Reach Forums and in all other parts of the Site.

 

7.5         You acknowledge, consent to and agree that Reach may access, preserve and disclose your Account information, Content, and any other materials or information you provide to us 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 Reach 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 & 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 Reach, its Consumer and/or the public.

 

8               VIOLATION OF OUR TERMS & CONDITIONS

 

8.1         Violations of this terms & conditions may result in a range of actions, including, without limitation, any or all of the following:-

 

8.1.1         Limits placed on Account privileges;

 

8.1.2         Account suspension and subsequent termination;

 

8.1.3         Criminal charges;

 

8.1.4         Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.

 

9               PURCHASE AND PAYMENT

 

9.1         Reach supports one or more of the following payment methods in each country it operates in subject to the preference of the Seller:-

 

9.1.1         Credit Card

 

Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.

 

9.1.2         Cash on Delivery ( COD )

 

Reach provides COD services in selected countries. Consumers may pay cash directly to the delivery agent upon their receipt of the purchased item.

 

9.1.3         ReachPay

 

Consumer may top-up in their respective ReachPay wallet and the credits contained in such ReachPay wallet can be spend and utilised for goods purchase or service subscriptions.

 

9.2         Consumer may only change their preferred mode of payment for their purchase prior to making payment.

 

9.3         Reach takes no responsibility and assumes no liability for any loss or damages to Consumer arising from shipping information and/or payment information entered by Consumer or wrong remittance by Consumer in connection with the payment for the items purchased. We reserve the right to check whether Consumer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

 

10           REACHPAY WALLET

 

10.1     Upon the registration of ReachPay Wallet, you irrevocably and unconditionally authorised Reach to disclose such information to ReachPay Wallet as is necessary for ReachPay Wallet to provide the Services to you, including but not limited to any payment details associated with your Account.

 

11           REACH GUARANTEE

 

11.1     Reach Guarantee is a service provided by Reach or its authorised agent to protect Customer. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Reach or its authorised agent ( Reach Guarantee Account ). Seller will not receive interest or other earnings from the sum you have paid into Reach Guarantee Account.

 

11.2     After Consumer makes payment for his/her order ( Consumer s Purchase Monies ), Consumer s Purchase Monies will be held in Reach Guarantee Account until:-

 

11.2.1      Consumer sends confirmation to Reach that Consumer has received his/her goods, in which case, unless 10.2(d) applies, Reach will release Consumer s Purchase Monies (less the Seller s proportion of the Shipping fee (if applicable), the Transaction Fee, Reach Commission Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below) in Reach Guarantee Account to Seller;

 

11.2.2      Reach Guarantee Period (or any approved extension under 10.3) expires, in which case, unless 10.2(c) or 10.2(d) applies, Reach will release Consumer s Purchase Monies (less the Seller s proportion of the Shipping Fee (if applicable), the Transaction Fee, Reach Commission Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Reach Guarantee Account to Seller;

 

11.2.3      Reach determines that Consumer s application for a return of goods and/or refund is successful, in which case, unless 10.2(d) applies, Reach will provide a refund to Consumer, subject to and in accordance with the Refunds and Return Policy;

 

11.2.4      such other time as Reach reasonably determines that a distribution of Consumer s Purchase Monies (less the Seller s proportion of the Shipping Fee (if applicable), the Transaction Fee, Reach Commission Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms & Conditions.

 

Reach Guarantee is only offered to Consumers who have made payment through the channels provided by Reach into Reach Guarantee Account. Offline arrangements between Consumer and Seller will not be covered under Reach Guarantee.

 

11.3     Payments made through Reach channels will be held in the Reach Guarantee Account for a specified period of time (the Reach Guarantee Period ). Consumer may apply for a one-time extension of Reach Guarantee Period prior to the expiry of the applicable Reach Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Consumer s application, Reach Guarantee Period may be extended for a maximum period of three (3) days unless Reach in its sole discretion determines that a longer extension is appropriate or required.

 

11.4     If, for any reason, the Seller's bank account cannot be credited and/or the Seller cannot be contacted, Reach will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted for more than twelve (12) months after the balance of the Consumer s Purchase Monies becomes due to the Seller and such money remains unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including lodging such money with the Registrar in accordance with the requirements under the Malaysia Unclaimed Moneys Act. In such instance, you may recover your unclaimed money directly from the Registrar less any fees or charges that may be imposed, with no further recourse to us.

 

11.5     Consumer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. Reach may require Consumer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Consumer hereby grants Reach his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, Consumer authorises Reach to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank.

 

11.6     The Reach Guarantee is in addition and without limitation to Consumer s and Seller s obligations under applicable law, which may go above and beyond what is provided for by the Reach Guarantee. The Reach Guarantee is neither intended nor designed to assist Consumer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and Reach accepts no liability in connection with the same. Without limitation, the Reach Guarantee does not constitute a product warranty.

 

11.7     Consumer acknowledges and agrees that Reach s decision (including any appeals) in respect of and relating to any issues concerning the Reach Guarantee is final and ought not to be challenged by Consumer.

 

11.8     For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Reach Guarantee.

 

12           DELIVERY

 

12.1     Once Reach receives Order with the related payment, Reach will inform Seller and Seller shall then make the necessary arrangements to have the purchased item delivered to Consumer according to the information provided by Consumer and provide details such as the name of the delivery company, the tracking number, etc. to Consumer through the Site. In the event of Seller s non-compliance with the foregoing, Reach may take such action or steps as it deems necessary at its sole discretion, including but not limited to, charging additional delivery fee to Seller, cancellation of the relevant order, issuance of warnings and/or suspension and/or termination of the Seller s Account.

 

12.2     Seller must use his/her best effort to ensure that Consumer receives the purchased item(s) within, whichever applicable, the Reach Guarantee Period or the time period specified by Seller on Seller s listing, and Seller shall be responsible and bears all risk attached to the delivery of the purchased item(s).

 

12.3     Consumer understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Consumer acknowledge and agree that Reach will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Consumer will reach out to the logistic service provider to resolve such dispute.

 

12.4     For Cross-Border Transaction, Consumer understand and acknowledge that, where an item listing states that the item will ship from overseas, such item is being sold from a Seller based outside of Malaysia, and the importation and exportation of such item is subject to local laws and regulations. Consumer should familiarise themselves with all import and export restrictions that apply to the designating country. Consumer acknowledge that Reach cannot provide any legal advice in this regard and agree that Reach shall not bear any risks or liabilities associated with the import and export of such items to Malaysia.

 

13           CANCELLATION, RETURN AND REFUND

 

13.1     Cancellation on purchase shall only be available prior to the payment of Consumer s Purchase Monies into Reach Guarantee Account.

 

13.2     Consumer may apply for the return of the purchased item and refund prior to the expiry of Reach Guarantee Period, if applicable, subject to and in accordance with Reach s Refunds and Return Policy.

 

13.3     Reach reserves the right to cancel any transaction on the Site and Consumer agrees that Consumer s sole remedy will be to receive a refund of the Consumer s Purchase Monies paid into Reach Guarantee Account.

 

14           PURCHASE AND SALE OF ALCOHOL

 

14.1     The purchase of alcoholic products ( Alcohol ) on the Site is permitted by Reach subject to the terms and conditions of this Section 13. If you are a Consumer of Alcohol ( Alcohol Consumer ), you will be deemed to have consented to the terms and conditions in this Section 13 when you purchase Alcohol on the Site.

 

14.2     When you are purchasing or place any order for the purchase of Alcohol:-

 

14.2.1      you represent and warrant that you and (if applicable) the person receiving the Alcohol ( Recipient ) are (a) aged 21 or above; (b) are not Muslim or otherwise prohibited from buying Alcohol under any law, regulation or religion; and (c) understand the following: MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN ; and

 

14.2.2      if requested by an Alcohol Seller or Reach (or its agents), you and/or the Recipient shall provide photo identification for age verification purposes.

 

14.3     When delivering Alcohol to an Alcohol Consumer:-

 

14.3.1      the delivery agent reserves the right to request for valid photo identification for age verification purposes; and

 

14.3.2      seller (via the delivery agent) reserves the right to refuse the delivery of Alcohol if the Alcohol Consumer and/or the Recipient appears intoxicated or is unable to provide valid photo identification for age verification purposes.

 

14.4     Alcohol Consumer agrees to indemnify, defend and hold harmless Reach, 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 inaccuracy or breach of its representations in Section 13.2 and/or Section 13.3 (as applicable); and (b) its breach of any law or any rights of a third party.

 

15           OTHER PROGRAMMES AND SERVICES

 

15.1     You agree that if you are whitelisted by Reach to be eligible for any other programmes or services offered by Reach, you are deemed to have agreed to the Terms & Conditions governing such programmes or services, and your continued participation in such programmes or services shall constitute your acceptance of the Terms & Conditions therein. You may notify us if you do not wish to participate in such programmes or services.

 

16           DISCLAIMER REGARDING SECURITY AND THIRD PARTY SITES

 

16.1     WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD PARTY SITES. We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above.

 

16.2     In an attempt to provide you with increased value, we may choose various third party websites to link to, and frame within the Platform. We may also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third party web sites (even if offered on or through our Platform) may not be received by us.

 

16.3     We therefore have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of these linked sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Platform and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).

 

17           DISPUTES

 

17.1     In the event a problem arises in a transaction, the Consumer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Reach shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Consumer may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

 

17.2     Consumer covenants and agrees that it will not bring suit or otherwise assert any claim against Reach (except where Reach 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.

 

18           DISCLAIMERS

 

18.1     THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY REACH 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. REACH DOES NOT WARRANT THAT THE SERVICES, THIS SITE 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 SITE 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.

 

18.2     YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

18.3     REACH 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 CONSUMERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE CONSUMER, SUCH CONSUMER AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE REACH FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

 

19           EXCLUSIONS AND LIMITATIONS OF LIABILITY

 

19.1     TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REACH 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:-

 

19.1.1      (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

 

19.1.2      ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF REACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

19.2     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.

 

19.3     IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, REACH 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 REACH GUARANTEE; AND (B) RM 100 (ONE HUNDRED RINGGIT).

 

19.4     NOTHING IN THESE TERMS & CONDITIONS SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY REACH S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF REACH THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

 

20           LINKS TO THIRD PARTY SITES

 

20.1     Third party links may be provided throughout the Site and may 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 Reach in any manner whatsoever and you therefore access them at your own risk. Reach 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. Reach 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 Reach of any linked site and/or any of its content therein.

 

21           THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

 

21.1     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, Reach 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 Reach responsible for any Consumer's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

 

21.2     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 Reach. 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. Reach 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 Reach 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 Reach may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms & Conditions.

 

22           FRAUDULENT OR SUSPICIOUS ACTIVITY

 

22.1     If Reach, 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 including but not limited to the following:-

 

22.1.1      We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

 

22.1.2      We may suspend your eligibility for Reach Guarantee;

 

22.1.3      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 Reach;

 

22.1.4      We may refuse to provide the Services to you now and in the future;

 

22.1.5      We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Reach or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

 

23           INDEMNITY

 

23.1     You agree to indemnify, defend and hold harmless Reach, 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, (b) the Reach Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Reach, (d) your violation or breach of any term of these Terms & Conditions or any policy or guidelines referenced herein, (e) your use or misuse of the Services or (f) your breach of any law or any rights of a third party.

 

24           SEVERABILITY

 

24.1     Notwithstanding that any provision of this Agreement may prove to be illegal, invalid or unenforceable in any respect under the applicable laws of any jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

 

25           GOVERNING LAW

 

25.1     These Terms & 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 & Conditions against or relating to Reach or any Indemnified Party under these Terms & Conditions shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre (Malaysia) ( AIAC Rules ) 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.

 

26           GENERAL PROVISIONS

 

26.1     Reach are entitled to specific performance of the terms of this Agreement.

 

26.2     Reach reserves all rights not expressly granted herein.

 

26.3     Reach may modify these Terms & Conditions at any time by posting the revised Terms & Conditions on this Site with or without any prior notification to you. Your continued use of this Site and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by Reach) after such changes have been posted shall constitute your acceptance of such revised Terms & Conditions.

 

26.4     Failure to exercise and/ or any delay in exercising on the part of Reach s right, power or privilege hereunder shall NOT operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies otherwise provided by law.

 

26.5     Nothing in these Terms & Conditions shall constitute a partnership, joint venture or principal-agent relationship between you and Reach.

 

26.6     These Terms & Conditions are solely for your and our benefit and are not for the benefit of any other person or entity, except for Reach's affiliates and subsidiaries (and each of Reach's and its affiliates' and subsidiaries' respective successors and assigns).

 

26.7     The terms set forth in these Terms & Conditions and any agreements and policies included or referred to in these Terms & Conditions constitute the entire agreement and understanding of the parties with respect to the Services and the Site 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 & 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 & 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 & Conditions may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

 

26.8     You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act, the Singapore Prevention of Corruption Act and 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.