1. The Weebeli Marketplace
1.1 Who we are
The Weebeli Site is operated by Weebeli Sdn Bhd (Company No: 1205521-A) having its place of business at No. 9A, Jalan Serangkai 11, Taman Bukit Dahlia, 81700 Pasir Gudang, Johor, Malaysia.
1.2 Use of Weebeli Site
Weebeli Site services are only available to, and may only be used by individuals who are 18 and older who can form legally binding contracts under applicable laws.
If you are a minor, being someone who is under 18 years old, you can only use the Weebeli Site with the prior consent of your parents or guardian. In any event, by agreeing to use the Services on the Weebeli Site, you represent and warrant that you are 18 years or above.
By using the Weebeli Site, you understand that any information you send to the Weebeli Site may be intercepted or read by third parties even where there is notification that the transmission is encrypted.
Weebeli may at its sole discretion refuse to offer access to or use of the Weebeli Site to any person or entity and may change the eligibility criteria at any time without notice to you.
“Affiliates” means any corporation, company, partnership, joint venture and/or firm which controls, is controlled by, or is under common control with a member of the Maybank Berhad. For the purpose of this definition, “control” means the power, directly or indirectly, to appoint a majority of the directors or trustees of the other member, or to otherwise direct or cause the direction of the management, policies or power of the other member, whether through the ownership of voting shares, by appointment of directors, by contract or otherwise.
“Confidential Information” includes but is not limited to:
i) discoveries, ideas, concepts, designs, devices, drawings, materials, specifications, techniques, models, data, documents, processes, procedures, “know-how”, improvements, budgets, projections, forecasts, marketing and development plans, and financial information expressed, described or stored in any form provided by a party;
ii) non-public information reasonably designated as being confidential or which, under the circumstances surrounding disclosure ought to be treated as confidential including but not limited to customer information and employee information; or
iii) any information marked “Confidential” or “Confidential Information” by a party.
“Content” includes but is not limited to text, photographs, trademarks, music, artwork, computer code, visual interfaces, graphics, user interfaces, logos and music, including but not limited to the design, selection, expression, “look and feel”, structure and arrangement of the Content on the Weebeli Site.
“country” means the country or countries where Weebeli provides related services to enable customers to purchase the Products on the Weebeli Site.
“Weebeli Marketplace” means the e-commerce platform for merchants, Weebeli and customers to market, advertise, promote, list, negotiate and complete sale and purchase transactions on the said platform.
“Weebeli Seller Centre” means the seller centre operated by Weebeli for merchants to inter alia manage products and orders, review transactions and sales activities and upload profile content.
“Weebeli Site” means the websites and social media networking websites, sites, applications and/or accounts under the Weebeli brand. This includes but is not limited to the Weebeli Marketplace, Weebeli Seller Center, Weebeli journal and Weebeli pages and posts hosted on third party social media sites.
“Intellectual Property” means all intellectual property rights including copyright, patents, rights in circuit playouts, registered designs, trademarks, rights of privacy and publicity and other forms of intellectual or industry property, know how, inventions, formula, confidential or secret processes, trade secrets, any other protected rights or assets, the right to have Confidential Information kept confidential, right to intellectual property granted pursuant to a licence agreement, and any application or right to apply for registration of any of those rights including all rights to have any of the foregoing registered or granted upon application, in reach and any part of the world and whether or not registered or register-able and for the full period thereof, and all extensions and renewals thereof.
2. Applicable Policies
- Copyright Policy;
- Prohibited or Restricted Activities and Products Policy;
- Cancellations and Returns Policy; and
- Statement of Intellectual Property Rights.
2.2 Copyright Policy
The Weebeli Site and all Contents of the Weebeli Site are Intellectual Property of Weebeli Sdn Bhd . All rights reserved.
Any redistribution or reproduction of part or all of the Contents in any form is prohibited other than the following:
- you may print or download to a local hard disk or memory device extracts for your personal and non-commercial use only; and
- you may copy the Content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic or mechanical methods.
2.3 Prohibited or Restricted Activities and Products Policy
You shall not engage in any or all activities that are restricted or prohibited by federal, state or local laws in any country or jurisdiction. This section provides a non-exhaustive list of prohibited and restricted activities and products that must be strictly observed by you. If you are a merchant, you are responsible for ensuring that you do not list, market, advertise, promote, negotiate, distribute and/or complete the sale and purchase of any product or engage in activities that are prohibited and/or restricted as set out in this section.
Weebeli may at its sole and exclusive discretion impose additional restrictions and prohibitions, and revise this section from time to time. It is your responsibility to check this section from time to time.
- involve the sale of products or services that have a high likelihood of being fraudulent;
- violate applicable laws or industry regulations regarding the sale of tobacco products, health, medicinal or prescription drugs and devices;
- engage in transactions relating to the infringement or violation of any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
- engage in activities that encourage, promote, facilitate or instruct others to engage in an illegal activity;
- engage in activities that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
- offer or engage in activities that offer financial services including money transfers, issuing bank guarantees and letters of loans, credit, fundraising or funding for investment purposes; and
- list, market, advertise, promote, negotiate, complete sales and purchase, and otherwise deal with any product prohibited or restricted in this policy.
The following products are prohibited to be listed, transacted or otherwise dealt with on the Weebeli Site:
- artifacts, cultural relics, historical grave markers, gold, silver, other precious metals (not including jewelry and watches), rare animals and related items that are protected under the laws of any country and jurisdiction;
- currency, coins, bank notes, bonds, money orders, currency in digital or any intangible form and other securities, and equipment used to produce such items, including counterfeit of the items;
- stolen goods and products including digital and virtual goods and services;
- narcotics, steroids, poppy seeds, certain controlled substances or other products that present a risk to consumer safety;
- drug paraphernalia including but not limited to items used for ingestion of illicit substances such as water pipes, chamber pipes, ice pipes, bongs, carburetor pipes etc.;
- prescription drugs, psychotropic drugs and veterinary products and drugs;
- unauthorized medical devices;
- products that are ethnically or racially offensive;
- military ordnance, ammunition, firearms, or any related parts or accessories;
- air guns, BB guns, paintball guns, spear guns, stun guns, harpoons or any other weapons that may discharge a projectile containing any chemicals, gas or explosive substances;
- certain weapons or knives regulated under applicable law;
- tobacco products including but not limited to cigars, cigarettes, pipe tobacco, hookah tobacco, cigarette tobacco, chewing tobacco and tobacco leaf;
- nicotine or liquids for use in electronic cigarettes;
- certain sexually oriented materials or services including sexual enhancement foods or supplements;
- products that are similar to or claim to be governmental identification documents or licences such as drivers licences, passports, visas, and birth certificates;
- government uniforms or articles of clothing that are similar to government uniforms;
- hazardous or dangerous materials or products containing harmful substances;
- any human, human body or any human body part including but not limited to organs, bone, blood, skull, skeletons, eggs and sperm;
- any animal, animal body or any animal body part including but not limited to organs, bone, blood, skull, skeletons, eggs and sperm (excluding fashion products made from selected animal skin);
- any form of invoices or receipts;
- job postings for recruitment of employment or contract workers;
- medical or health services including but not limited to rehabilitation, vaccination, counselling, plastic surgery, massages, traditional Chinese medication and any other medical treatment;
- products that are considered obscene, pornographic materials, sexual and adult toys, food items in the shape of genitalia, and items depicting inter alia exploitation of minors, rape sex, incest and bestiality;
- official law enforcement equipment including badges issued by government, and law enforcement officers excluding authorized general souvenir items;
- bulk email or mailing list containing personally identifiable information including names, addresses, phone numbers, fax numbers and email addresses;
- software and other tools designed or used to send unsolicited commercial email or “spam”;
- counterfeit, non-licensed replicas or unauthorized products;
- products that can be used to gain unauthorized access to television programming, telephone, internet access, data or other protected, restricted or premium services;
- products designed to intentionally block, interfere with or jam authorized radio communications, global positioning systems, wireless networking services and police radar;
- spy equipment designed for interception of oral, wire and electronic communications;
- used cosmetics and skin care, and undergarments;
- pirated, duplicated or backup copies of video games, music albums, movies, photographs, software programs, television programmed and other protected works; and
- products prohibited by any law, regulation, trade restriction and sanction in the country.
2.4 Cancellations and Returns
2.5 Statement of Intellectual Property Right
3. Intellectual Property
The Weebeli Site and the Content are owned, controlled or licensed by or to Weebeli and are protected by the laws on Intellectual Property rights, the common law and laws relating to unfair trade practices, unfair competition and other applicable laws.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk or memory device extracts for your personal and non-commercial use only; and
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, copy, reproduce, upload, reverse engineer, post, republish, publicly display, encode, transmit, distribute, translate, store or commercially exploit in any way including “mirroring” any part of the Weebeli Site and/or the Content to any other website or other form of electronic or mechanical methods or medium.
You may use information on the Weebeli Site (such as standard terms and conditions, policies and similar documents) made available by Weebeli for downloading from the Weebeli Site provided that:
- you use such information only for your personal and non-commercial purpose;
- you do not make any changes to such information;
- you do not make any representations or warranties relating to such information; and
- you do not remove any proprietary notice language in all copies of the documents downloaded.
Weebeli Marketplace, and other Weebeli graphics, logos, designs, page headers, button icons, scripts, service names and words referenced herein are either trademarks or registered trademarks of Weebeli and its Affiliates. Weebeli Site’s copyright, trademarks, service marks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
If you believe that any content appearing on the Weebeli Site may constitute the infringement of your or any other party’s Intellectual Property, you shall immediately inform Weebeli. Upon receiving notification of a claim, Weebeli shall make reasonable endeavours to investigate and/or remove the Content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to Weebeli rights, remedies and defences, all of which are expressly reserved. You shall indemnify Weebeli for all claims brought by a third party against Weebeli and its Affiliates arising out of or in connection with such claim.
4. Relationship between the Parties
The relationship between Weebeli and the merchants shall be solely that of independent contractors.
Each agreement entered into for the sale and purchase of any Product with a merchant on the Weebeli Marketplace shall be an agreement entered directly between the merchant and the customer (“Customer Agreement”). Accordingly, the enforcement of any obligations under the Customer Agreement is the sole responsibility of the relevant merchant and the customer who are parties to that Customer Agreement.
5. Selling and Purchasing Products on the Weebeli Site
You agree that all orders will be processed after payment is made but an order is only accepted by the merchant upon dispatch of the order. An order acknowledgement does not constitute acceptance of any order.
In the event of occasional errors, inaccuracies, or omissions involving product prices, description of products, promotions, offers, shipping charges, stock availability or any other content or information, you agree that there is no obligation to supply the goods even after you have placed an order. Weebeli reserves the right to cancel your order and to correct any content or information at all times.
You warrant that all information provided to Weebeli or Weebeli Site as part of the registration process or entering into an agreement with Weebeli at all times is true, correct, accurate and complete and you will immediately notify us of any changes to the information provided.
You acknowledge that in assessing an application by a customer to register or an application by a merchant to execute an agreement with Weebeli, Weebeli shall conduct preliminary checks against its internal criteria and policies. Weebeli reserves the right to reject any application in its sole discretion without providing any reasons for such rejection. You hereby give your consent for checks relating to compliance under the Personal Data Protection Act 2010 and its related subsidiary legislation.
5.2 Special Conditions Applicable to Merchants
This sub-section 5.2 applies only to merchants who list, market, advertise, promote, negotiate, sell and/or distribute any product on the Weebeli Site.
5.2.1 Management and Handling of Content
By uploading Content to Weebeli Site, you warrant, represent and covenant that you own and/or have the rights or are licensed to use such Content in this manner and that such Content does not infringe directly or indirectly any Intellectual Property. You further represent and warrant to Weebeli that you are not aware of any claims made by any third party with regards to any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from use of the Content. In the event that Weebeli receives a complaint in respect of any Content posted by you, Weebeli reserves the right to remove such Content immediately. In such a case, it shall be your sole responsibility to deal with such a complaint and to compensate Weebeli Site for any loss suffered.
Weebeli acknowledge that we will not acquire any rights in respect of the Content and that all those rights and goodwill are, and will remain, vested in you as merchant or the owner of the Content, as the case may be. You shall not be entitled to use any Intellectual Property belonging to Weebeli without our prior approval in writing.
By posting Content on Weebeli Site, it is possible for a third party or website outside the Weebeli Site to repost that Content. If you choose to display your own Weebeli Site hosted image on another website, the image must provide a link back to its listing page on the Weebeli Site.
You agree to release, defend, protect, indemnify and hold Weebeli, our Affiliates, and our respective directors, officers, employees, contractors, agents, users, successors, and assigns, harmless from and against any and all costs, expenses, fines, penalties, losses, damages, and liabilities arising out of any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other dispute, claim, demand or action resulting from the posting, uploading, displaying or any other dealing with the Content on the Weebeli Site.
5.2.2 Merchant’s Representations and Warranties
The Merchant warrants that:
- it has or will have good title to, and is the sole beneficial owner of every Product it sells and sends to customers on the Weebeli Site;
- it has the unrestricted authority to grant the rights and licenses required or contemplated by this Agreement;
- it has all the Intellectual Property rights that are necessary to market, distribute, sell and license the Products;
- every Product does not and will not infringe any rights of any third party, including without limitation any Intellectual Property rights;
- every Product will be of merchantable quality and fit for the purposes intended;
- every Product will be free from defects in design, materials and workmanship;
- every Product is genuine
- every Product will comply with any specification, drawing, sample, performance criteria and other description provided either generally, or to Weebeli or to the Weebeli Site;
- it is not aware of any right of or claim by, any third party anywhere in the world which would prejudice the promotion or sale of the Products on the Weebeli Site or the use of any of the Intellectual Property, and no person has claimed any infringement of its right in connection, however remotely, with any Product, and it will immediately notify Weebeli if such a claim is made;
- the listing, marketing, promotion, feature, distribution or sale of the Products on the Weebeli Site will not violate any law, regulation or practice;
- every Product, and the performance of the Merchant under the Customer Agreement meets all applicable standards, laws, regulations and requirements in the country, and the place of performance of the Customer Agreement. Upon Weebeli written request, the merchant shall provide any written certification of compliance required by any federal, state or local law, ordinance, code or regulation; and
- all formal consents, waivers, approvals, authorisations, exemptions, registrations, licenses or declarations of or by or filing with, any authority or contracting party which are required to be made or obtained by the merchant in connection with the sale of the Products on the Weebeli Site have been duly obtained.
Where required, the Merchant shall at its own cost be obliged to procure all formal consents, waivers, approvals, authorisations, exemptions, registrations and/or licenses necessary for Weebeli to list, market, promote, feature and make available for sale the Products on the Weebeli Site. Where necessary, the Merchant agrees to assist and cooperate with Weebeli in securing regulatory approval for the listing of the Products on the Weebeli Site.
Weebeli may at its discretion as and when required, provide to the merchants manuals setting out standard operating procedures and detailed practical requirements and the merchant agrees to comply with the requirement of the manuals.
5.2.3 Specific warranties in relation to Intellectual Property
The merchant warrants, represents and covenants that:
- its manufacture, sale, marketing, distribution or use of the Products do not infringe directly or indirectly any Intellectual Property;
- Weebeli’s feature of the Products on the Weebeli Marketplace does not infringe any Intellectual Property, whether directly or indirectly; and
- it is not aware of any claims made by any third party with regards to the any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the manufacture, sale, distribution or use of the Products.
The merchant shall not be entitled to use any Intellectual Property belonging to Weebeli without Weebeli’s prior approval in writing.
5.3 Special Conditions Applicable to Travel Products
The following terms and conditions apply to all Travel Products ordered through Weebeli, except as otherwise specified on any particular Travel Product and except as otherwise required by law. By ordering, printing, accepting, using or attempting to use any Travel Product you agree to these terms and conditions.
All Travel Products are promoted and issued by the participating merchant through Weebeli as a service provider. Weebeli is authorised to act as the merchant’s agent where applicable only for purposes of receiving and processing payments from customers for the customer orders placed through Weebeli Marketplace.
The merchant is the holder and issuer of the Travel Products and under no circumstances shall Weebeli be deemed the holder, issuer or seller of the Travel Products. Weebeli does not own, manage, operate or control the delivery or fulfilment of customer orders. The merchant is solely liable and responsible to liaise directly with customers for delivery and fulfilment of customer orders including but not limited to the supply and delivery of the travel and/or tour packages, customer service, liaison with customers and third party providers, support and after-sales service and refund and cancellation management.
The merchant is solely responsible for the value and redemption of the Travel Product. Each Travel Product is subject to the merchant’s redemption terms and conditions. The Travel Product may not be redeemed for products or services other than those specified on the Travel Product. Travel Products may not be combined with any other offer, coupon, promotion or discount.
The merchant shall advise each customer on all applicable taxes, service charges, surcharges and other fees. Weebeli role is as a service provider for the merchant for purposes of listing the Travel Product on the Weebeli Site, and the applicability and compliance with any relevant law relating to any Travel Product is solely determined by and complied with by the merchant.
While Weebeli makes every effort to work with merchants to ensure that any material or rate for travel products displayed on the Weebeli Site is accurate as at the date of listing, Weebeli hereby expressly disclaim any representation, warranty or undertaking in relation to accuracy, completeness, quality or adequacy of any contents for Travel Products on the Weebeli Site.
Weebeli is not liable for any possible claims of customers and third parties arising from the sale of the Travel Products, fulfilment and delivery of customer orders and its related services, including but not limited to, claims of personal injury, death or property damage. The merchant is solely responsible for any and all bodily injury, medical condition, illness, damages, claims, liabilities and costs suffered by or relating to any customer and third parties and the compliance with all laws.
Each customer hereby knowingly waives and releases Weebeli from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the merchant in connection with the merchant, the provision of the services and products relating to the Travel Products, and compliance by the merchant with applicable law.
5.4 Special Conditions Applicable to F&B Products
The following terms and conditions apply to all F&B Products ordered through Weebeli, except as otherwise specified on any particular F&B Product and except as otherwise required by law. By ordering, printing, accepting, using or attempting to use any F&B Product you agree to these terms and conditions. Please read the terms and conditions attached to the respective F&B Products before purchasing the F&B Product.
All F&B Products promoted and are issued by the participating merchant through Weebeli as a service provider. Weebeli is authorized to act as the merchant’s agent where applicable only for purposes of receiving and processing payments from customers for the customer orders placed through Weebeli Marketplace.
The merchant is the holder and issuer of the F&B Products and under no circumstances shall Weebeli be deemed the holder, issuer or seller of the F&B Products. Weebeli does not own, manage, operate or control the quality of the F&B Products, and/or the delivery, booking or fulfillment of customer orders. The merchant is solely liable and responsible to liaise directly with customers for delivery and fulfilment of customer orders including but not limited to the redemption of the F&B Products, reservation of dining venue and time, customer service, liaison with customers and third party providers, support and after-sales service and refund and cancellation management.
The merchant is solely responsible for the value and redemption of the F&B Product. Each F&B Product is subject to the merchant’s redemption terms and conditions as specified at the relevant information page, the product description of the F&B Product and in the confirmation email. The F&B Product may not be redeemed for products or services other than those specified on the F&B Product. F&B Products may not be combined with any other offer, coupon, promotion or discount.
The merchant shall advise each customer on all applicable taxes, service charges, surcharges and other fees. Weebeli’s role is as a service provider for the merchant for purposes of listing the F&B Product on the Weebeli Site, and the applicability and compliance with any relevant law relating to any F&B Product is solely determined by and complied with by the merchant.
While Weebeli makes every effort to work with merchants to ensure that any material, information or rate for dining, and food and beverage products displayed on the Weebeli Site is accurate as at the date of listing, Weebeli hereby expressly disclaim any representation, warranty or undertaking in relation to accuracy, completeness, quality or adequacy of any contents for F&B Products on the Weebeli Site.
For food, supplements, diet, exercise and fitness products ordered through Weebeli, customers are responsible to consult a physician or other healthcare provider before using any of the said products to determine the effect of the products. Customers assume the risk and responsibility for any effect and results from the use of the products.
Weebeli is not liable for any possible claims of customers and third parties arising from the sale and of the F&B Products, fulfillment and delivery of customer orders, reservation of dining venue, any alleged and actual injury or illness, medical condition, food poisoning, contamination or any other food borne illness resulting from the consumption of any food and beverage in connection with the F&B Product and its related services, including but not limited to, claims of personal injury, death or property damage. The merchant is solely responsible for any and all bodily injury, illness, medical condition, damages, claims, liabilities and costs suffered by or relating to any customer and third parties and the compliance with all laws.
Each customer hereby knowingly waives and releases Weebeli from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the merchant in connection with the merchant, the provision of the services, dining and food and beverage relating to the F&B Products, and compliance by the merchant with applicable laws.
5.5 Special Conditions Applicable to Health and Health-related Products
Customers should consult with a healthcare professional before starting any diet, exercise, supplementation or medication program. Statements on Weebeli Site about health or health-related products and health conditions are not intended to diagnose, treat, cure, or prevent disease. Customers with health concerns of any kind should consult with a health care professional.
Information presented by on Weebeli Site is for informative purposes only and is not meant to substitute for the advice of a doctor or other medical professional. Weebeli does not make any medical claim or warranty regarding the use of the products listed on this site. Please read all product labels before use.
The information presented is general in nature and the products may not be for everyone. Customers should consult a doctor before taking any health or health-related products. Statements made on this site are not an endorsement of any specific product, or a recommendation as to how to handle or treat any particular health concern. Weebeli shall have no liability as a publisher of information or re-seller of any product or vendor services, including, without limitation, any liability for defective products.
Weebeli is not liable for any possible claims of customers and third parties arising from the sale and consumption of the health products and/or supplements and/or health-related products, any alleged and actual injury or illness, medical condition, food poisoning, contamination or any other food-borne illness resulting from the consumption of any health product and/or supplements, including but not limited to, claims of personal injury, death or property damage. The merchant is solely responsible for any and all bodily injury, illness, medical condition, damages, claims, liabilities and costs suffered by or relating to any customer and third parties and the compliance with all laws directly or indirectly due to the health products and/or supplements.
Each customer hereby knowingly waives and releases Weebeli from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the merchant in connection with the health products and/or supplements, and compliance by the merchant with applicable laws.
5.6 Goods and Services Tax
Effective from 1 April 2015, Goods and Services Tax (“GST”) is implemented in Malaysia. Please note that the prices of Products on the Weebeli Site will include GST save where otherwise indicated. Kindly refer to the Goods and Services Tax Act 2014 and the relevant instruments for more information on GST.
6. Use of and Restrictions on the Weebeli Site and Weebeli Marketplace
6.1 Non-Commercial Use and Downloading of Information
Weebeli authorises you to view and download the information and materials at the Weebeli Site only for your own personal and non-commercial use provided that you ensure all copyright and other proprietary notices contained in the original materials on any copies of the materials are maintained and preserved.
All materials downloaded or otherwise obtained through the Weebeli Site are done at your sole discretion and risk and you shall be solely responsible for any damage to Weebeli computer system or loss of data that may result from the download of any such material. No advice or information whether oral or written obtained by you from Weebeli or through or from the Weebeli Site shall create any warranty not expressly stated herein.
6.2 No Unlawful or Prohibited Use
You warrant that you, either by yourself or in concert with another, will not use the Weebeli Site for any and all of the following activities:
- act in any manner or take any action which could damage, disable, impair or overload the Weebeli Site, our infrastructure or interfere with any other party’s use and enjoyment of the Weebeli Site;
- probe, scan or test the vulnerability of the Weebeli Site or any network connected to the Weebeli Site, nor breach the authentication or security measures on the Weebeli Site, or any network connected to the Weebeli Site, and shall not reverse look-up, trace or seek to trace any information on any other user or visitor to the Weebeli Site, or any other customer of Weebeli, including any Weebeli account not owned by you, to its source or exploit the Weebeli Site or any service or information made available or offered by or through the Weebeli Site and/or Weebeli Marketplace, with the purpose of re-transmitting to or from, or posting on the Weebeli Site and/or Weebeli Marketplace any unlawful, threatening, defamatory, liberious, obscene, pornographic, or other material that would violate any law;
- use an anony mising proxy, any robot, spider, other automatic device, program, algorithm or methodology, or any similar or equivalent manual, semi-automated or automated- process to monitor, access, acquire or copy any portion of the Weebeli Site and/or Content, or in any way reproduce or circumvent the navigational structure of the presentation of the Weebeli Site and/or Content without our prior written permission;
- use any device, software or routine to interfere or attempt to interfere, attempt to interfere with the proper working of the Weebeli Site or any transaction conducted on the Weebeli Site, or involve any scheme to undermine the integrity of the data, systems or networks used by Weebeli or any user of the Weebeli Site or gain unauthorised access to any portion or feature of the Weebeli Site, or any other systems or networks connected to the Weebeli Site or to any Weebeli server, or to any of the services offered on or through the Weebeli Site by hacking or any other illegitimate means;
- obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through the Weebeli Site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Weebeli on or through the Weebeli Site or any service offered on or through the Weebeli Site, and shall not represent or pretend that you are someone else, or impersonate any other individual or entity, or use another individual’s account without the express written consent of the said individual;
- facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate the Weebeli Site, any system, data or Information;
- act in a manner that is defamatory, trade libellous, threatening or harassing;
- engage in activities that violate any law, statute, ordinance or regulation;
- list, market, advertise, promote, negotiate, sell, distribute or complete transactions involving restricted and/or prohibited activities as set out in Section 2.3 (Prohibited or Restrictive Activities and Product Policy);
- engage any act that infringes Weebeli or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- provide false, inaccurate or misleading Information and/or engage in potentially fraudulent or suspicious activity and/or transactions;
- disclose or distribute another user’s information to a third party, or use the information for marketing or promotional purposes unless you receive the user’s express written consent to do so; or
- use the Weebeli Site in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to Weebeli, you, other users or third parties; or engage in an activities that would otherwise create any liability for Weebeli and its Affiliates.
6.3 User Testimonials, Comments and Messages
The messages, comments, reviews and testimonials express the views of the users of the Weebeli Site and not necessarily the view of Weebeli. Content of messages, comments, reviews and testimonials of Weebeli Site’s users is neither created by, verified by nor adopted by Weebeli. Weebeli does not vouch for or warrant the accuracy, completeness or usefulness of the messages, comments, reviews or testimonials of the users on the Weebeli Site, and is in no way responsible for the contents of the messages, comments, reviews or testimonials which do not constitute Weebeli’s authorised literature. Only authorised literature produced and issued by Weebeli represents our position. Submissions posted by users on the Weebeli Site is not official Weebeli material and shall not be copied, quoted or otherwise reproduced and is not to be used in promoting, nor should it be relied upon in using the Products.
You agree to indemnify and hold us harmless against any claim or action brought by third parties arising out of or in connection with any messages, comments, reviews and testimonials posted by you on the Weebeli Site, including the violation of their privacy or Intellectual Property rights.
6.4 Protecting Your Password
You will be required to provide a username and password as part of our security measures in registering you on the Weebeli Site. You are solely responsible for the security and secrecy of your username and password and should not provide this information under any circumstances to anyone not expressly authorised by you to use your account. You accept sole responsibility for any act, omission or negligence in relation to the use of your account. You must immediately change your password if you have any reason to believe that your password has been compromised. Weebeli shall not be liable for any loss or damaged suffered by you in relation to the use of your account.
6.5 App Permissions
Most mobile devices provide you with information about permissions that you may grant to us for your device when you use Weebeli apps. Please refer to your mobile device’s manual for more information and instructions on permissions.
7. Cooperation and Investigations
Where you fail to do so and such failure results in delay in, suspension or termination of your account, or access to the Weebeli Site and the related services or any portion thereof, Weebeli shall not be obliged to extend the period for access to your account, the Weebeli Site nor shall be liable for any loss or damages arising from such delay, suspension or termination.
8. Disclaimer and Release
The Weebeli Site and the Content are provided on an “As is”, “With all faults” and “As available” basis. Weebeli and our Affiliates, our directors, officers, agents, joint ventures and employees disclaims all warranties (express, implied or statutory) including but not limited to any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Products, information, Content and materials at the Weebeli Site. Weebeli does not promise that the Weebeli Site or any Content, Product description, information, material or feature of the Weebeli Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Weebeli Site will provide specific results.
Weebeli attempts to be as accurate as possible. However, Weebeli does not control and is not liable to or responsible for the validity, accuracy, suitability, quality, safety, correctness, reliability, stability, description, lawfulness or availability of the Products offered for sale on the Weebeli Site. Weebeli does not represent or warrant that the manufacture, importation, offer, display, purchase, sale and/or use of the Products or related services offered or displayed on the Weebeli Site does not violate any third party rights or relevant laws and Weebeli does not make any representation or warranties of any kind concerning any Product offered or displayed on the Weebeli Site. If a Product offered on the Weebeli Site is not as described, your sole remedy is to return it in unused condition in accordance with the Cancellations and Returns Policy.
You acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions in connection with using the Weebeli Site or related services, and that you are assuming the risks or liability or harm of any kind in connection with subsequent activity of any kind relating to the products including but not limited to the delivery of the Products or related services (including taxes and issuance of tax invoices) that are the subject of transactions using the Weebeli Site and the usage of the Products. You agree that Weebeli and Weebeli Site shall not be liable or responsible for any damages, claims, liabilities, errors, inaccuracies, costs, harms, inconveniences, business disruptions, delays in delivery of the Products or expenditures of any kind that may arise as a result of or in connection with any such risks.
Weebeli does not guarantee continuous, uninterrupted or secure access to any part of the Weebeli Site, and operation of Weebeli Site may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. Weebeli does not ensure that any files or other data downloaded from the Weebeli Site and/or Weebeli Marketplace will be free of contamination, virus or destructive features. Weebeli will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Weebeli makes no representations or warranties regarding the amount of time needed to complete processing because these are dependent upon many factors outside of our control, such as delays in the banking system, communications or mail service.
Weebeli may make changes to the information, content, materials or feature at the Weebeli Site, or to the products and prices described in them, at any time without notice. The information, content or materials at the Weebeli Site may be out of date, and Weebeli makes no commitment to update the information, content or materials at the Weebeli Site. Content, materials or information published at the Weebeli Site may refer to products, programs or services that are intended for use only in a particular country and may not be used or relied upon in any other country save where otherwise provided.
Your remedy against Weebeli for dissatisfaction with the Weebeli Site, the Weebeli Marketplace or any Content, information or material is to stop using the Weebeli Site, the Weebeli Marketplace or any such Content, information or material.
Weebeli shall not be responsible for disputes between one or more users, or an outside party. If you have a dispute with another user, you release Weebeli, Weebeli Marketplace, Weebeli Site, our Affiliates, officers, directors, agents and employees from any and all claims, demands and damages of any kind and nature, known and unknown, arising out of or in any way connected to such dispute.
8.3 Force Majeure
- act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
- import or export regulations or embargoes; or
- interruption of traffic, strike, lock-outs or other industrial actions or trade disputes (whether involving employees of either party or of a third party).
Upon the happening of any one of these events, Weebeli may at its discretion fully or partially suspend delivery/performance while such event or circumstances continues or terminate any order request so affected with immediate effect by written notice to you, and Weebeli shall not be liable for any loss or damage suffered by you as a result thereof.
9. Liabilities and Indemnities
9.1 Limitation of Liability
In no event will Weebeli, Weebeli Site, our Affiliates, and our officers, directors, agents, joint ventures or employees mentioned at the Weebeli Site be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever including without limitation, those resulting from injury, medical condition, illness, loss of profits, damages, data or interruption arising or resulting from any of the following:
- the use, the results of use or inability to use the Weebeli Site and/or Weebeli Marketplace, or any websites linked to the Weebeli Site and/or Weebeli Marketplace, or the information or materials contained at any or all such websites, howsoever arising including negligence, whether based on warranty, tort, contract or any other legal theory or whether or not advised of the possibility of such damages;
- any defect in goods, samples, data, information or services purchased or obtained from or through the Weebeli Site;
- the use, the results of use or inability to use, consumption, redemption, delivery and/or fulfilment of any Product;
- violation of third party rights under the relevant and applicable laws, claims or demands that the manufacture, importation, export, distribution, listing, offer, advertising, promotion, display, purchase, sale and/or use of the products offered or displayed on the Weebeli Marketplace or Weebeli Site may violate or may be asserted to violate third party rights or claims by any party that they are entitled to defence or indemnification in relation to assertion of rights, demands or claims by third party rights claimants;
- statements, acts or conduct by any user of the Weebeli Site;
- unauthorised access by third parties to data or private information of any user; or
- multiple usage of a promotion code or voucher code by any user across multiple transactions and/or elements of fraud on the Weebeli Site; or
- any matters relating to the Weebeli Site, products and related services (including calculation of taxes and issuance of tax invoices) however arising including negligence
Notwithstanding any of the foregoing provisions, our liability and that of our Affiliates, our directors, officers, agents, joint ventures and employees to you or any third parties in any circumstances is limited to the actual amount of monies you have paid for the Products during the calendar year, or the net amount owed to you during the calendar year, as the case may be. In both instances, the amount payable shall not exceed Ringgit Malaysia (RM5,000). All claims arising from the use of the Weebeli Site and/or related services must be by way of notice in writing to us of such claim, specifying in reasonably sufficient detail the nature of the claim and so far as is practicable the amount claimed in respect thereof, and shall be served within one (1) year from the date of the event/omission giving rise to the claim. Failing which you are deemed to irrevocably waive any such entitlement, right and pursuit of any such claim.
In addition, you agree to release, defend, protect, indemnify and hold Weebeli, our Affiliates, and our officers, directors, agents, joint ventures and employees harmless from any and all claims, costs, losses, demands, penalties, damages, expenses, fines or other liabilities of any nature, arising in any manner out of the your acts, omissions or negligence, or those of your employees, agents or contractors, whether in tort, contract or otherwise, including:
- any claim made by any customer on the basis of any agreement entered into with you;
- any claims asserted or incurred by any third party claimants or other third parties relating to the Products offered and displayed on the Weebeli Site;
- any wilful, negligent act, omission or default on your part or your agent, employee, licensee;
- the alleged or proved breach of a third party’s rights including in respect of any claim that the Product infringe, or their importation infringes the Intellectual Property rights of any third party or other claim, demand or action resulting from the advertising, promotion, manufacture, sale, distribution or use of the Products on the Weebeli Site;
- arising out of or resulting in any way from any alleged defects in the material or workmanship of the Product, or from the use or performance or non-performance of the merchant’s Product;
- any other alleged act, omission, or misrepresentation by you;
- arising out of or resulting in any way from your failure to register for GST purpose where you are required to do so;
- any claim that a Product violates a person’s right to privacy or contains obscene or defamatory material; or
- failure by you to comply with any applicable laws, regulations and requirements.
You hereby agree that Weebeli shall not be responsible and shall have no liability to you, for any material posted by others, including defamatory, seditious, vexatious, offensive or illicit material and the risk of damages from such material rests entirely with each user. Weebeli reserves the right at our own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Weebeli in asserting any available defenses.
10. Breach and Infringement
10.1 Breach by User
- Weebeli has reasonable grounds to suspect that you have used a stolen credit card or utilized a cloned credit card or other false or misleading information in any transaction with a counter party;
- Weebeli has reasonable grounds to suspect that any information provided by you is not complete, outdated, untrue, false, inaccurate or misleading;
- Weebeli has reasonable grounds to believe that your act or omission may cause financial loss or legal liability to Weebeli, Weebeli Site or our Affiliates, other users or third parties; or
- Weebeli has reasonable grounds to believe or suspect that you have used a promotion code or voucher code against the terms and conditions governing the promotion code or voucher code and/or your intend or have engaged in fraudulent activities on the Weebeli Site; or
Weebeli reserves the right to take appropriate action where necessary and without notice at any time including but not limited to remove all or any information, content or material from the Weebeli Site, to disallow the use of the Weebeli Site in connection with the information, content or material that is claimed to be infringing, to modify or change the Weebeli Site or any portion of the Weebeli, and any terms or policies, to modify, suspend or terminate the operation or access to the Weebeli Site or part of the Weebeli Site.
Weebeli may terminate your account without prior notification. You can terminate your account at any time by writing to email@example.com
Please refer to Section 10 (Breach and Infringement) for further details on dealings with accounts.
12. Governing Law and Dispute Resolution
In event of any dispute between Weebeli and you arising out of or in connection with your use of the Weebeli Site and/or the Weebeli Marketplace, the parties shall endeavour in good faith and promptly, to resolve any such dispute. If the parties are unable to resolve the dispute within sixty (60) days, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of Weebeli to seek recourse in the courts of law, including commencing a legal action without resorting, convening or participating in any such mediation as stated herein.
Where there is dispute between a merchant and customer, because Weebeli is not the agent of the merchant or customer, Weebeli will not act as either party’s agent in connection with resolving any disputes between the parties related to or arising out of any transaction. Weebeli urges merchants and customers to cooperate with each other to resolve such disputes.
13. Notice and Feedback
Any feedback you provide at this Weebeli Site is non-confidential.
All legal notices or demands to Weebeli shall be made in writing and sent to Weebeli personally, by courier or certified mail to Weebeli Sdn Bhd, No 9a Jalan Serangkai 11, Taman Bukit Dahlia, 81700 Pasir Gudang, Johor, Malaysia. The notices shall be effective when they are received and acknowledged receipt by Weebeli in any of the above manner.
All legal notices or demands to you shall be effective if either delivered personally, by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by you to Weebeli. Notice to you shall be deemed to be served upon and received by you if and when Weebeli is able to demonstrate that communication whether in physical or electronic form has been sent to you.
All agreements, notices and other communications that Weebeli sends to you electronically satisfies the legal requirement for communication to be in writing.