Smart - i Seller Agreement
Article 1 - Purpose
Article 2 - Accounts
In using the Website, Seller Member is responsible for maintaining the confidentiality of Seller Member's own account and password, and for restricting unauthorized access to Seller Member's account. Seller Member hereby agrees to accept responsibility for all activities that occur under the Seller Member's account. Seller Members will have access to the basic facilities as follows:
a) Seller Cash is Seller Member's account in the Web site used as the account for transaction settlement within the Web Site. The Seller Cash will be transferred to the Seller Member's bank account as registered in the database of Smart – i estore within two (2) business days after Seller Member's request in accordance with the Policies as determined by Smart – i estore.
b) Seller Credit are points given to Seller Members in accordance with the Policies as determined by Smart – i estore. Seller Credit is not allowed to be cashed out, withdrawn, and / or transferred between members. Seller Credit can be used to purchase advertisement, and / or services available in the Web Site.
c) Seller Score is the score given by Smart – i estore to Seller Members based on the transaction value in 1 (one) shopping cart. Depending on the Policies determined by Smart – i estore, Seller Score may not only be accumulated but also be deducted. The accumulated score determines Seller's status, shown by Seller Grade.
d) Seller classification of Grade is determined by Seller Members Score and Sales Amount Obtained by now during the previous month.
· If a member is under 18 years old at the time of the member registration, such member shall not be allowed to use this Web Site as a Seller Member, as stipulated in this Agreement. Smart – i estore reserves the right to refuse service, terminate accounts, remove or edit the contents, or cancel orders in its sole discretion. Without limiting other remedies, Smart – i estore may limit, suspend, or terminate the Web Site, its service and user accounts, prohibit access to the Web Site and its contents, delay or remove hosted contents , and take technical and legal steps to keep users off the sites if, based on Smart - i estore sole discretion, , it is considered that Seller Member is creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, in breach of any of the Terms and Conditions or this Agreement or acting inconsistently with the letter or spirit of Smart - i estore Policies (for example, and without limitations, policies related to fraud actions, conducting off-site transactions, feedback manipulations, circumventing temporary or permanent suspensions or users WHO we believe are harassing the employees of Smart - i estore or other users). Additionally, Smart - i estore may suspend or terminate the accounts of any Seller Members WHO may be recurring infringers of intellectual property rights of third parties. Also Smart - i estore reserves the right to cancel accounts that have been inactive for 1 (one) year, in accordance with the Policies as determined by Smart - i estore. While using this Web Site as a Seller Member, Seller Member will not:
1. Post inappropriate content or products in the categories or areas on the Web Site or services;
2. Violate any laws, third party rights, or Policies such as the Prohibited and Restricted products policies;
3. Use the Web Site or services as a Seller Member if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Web Site;
4. Manipulate the price of any product or interfere with other user's listings;
5. Circumvent or manipulate the fee structure, the billing process, or fees owed to Smart – i estore;
6. Post False, Inaccurate, and misleading, defamatory, or libelous content (including personal information);
7. Take any action that may undermine the feedback or ratings systems;
8. Transfer your account to another party without Smart – i estore’s consent;
9. Distribute or post spam, chain letters, or pyramid schemes;
10. Distribute viruses or any other technologies that may harm the Web Site, or the interests or property of users of the Web Site;
11. Copy, modify, or distribute the contents from the Web Site and Smart – i estore’s copyrights and trademarks; or
12. Harvest or otherwise collect information about users, Including but not limited to email addresses, without Reviews their consent; or
13. Use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, or other policy holds Consequences as regulated by Smart – i estore.
Violations of this Agreement may result in a range of actions, Including but not limited to:
1. Listing cancellation
2. Loss of Settlement Amount
3. Limits placed on account privileges
4. Loss of "Grade Seller" status
5. Account suspension / termination
6. Criminal charges and / or claims for damages
Article 3 - Service Fees
Joining the Web Site is free. However, Smart - i estore Seller Member does charge a number of service fees for completed transactions reviews such as Transaction Fee, various service fees for marketing and promotion features, and other service fees as determined by Smart - i estore as stipulated in Smart - i estore Fees Schedule. When a Seller Member uses a product or a service that has a fee, the Seller Members will have an opportunity to review and accept the fees that will be charged upon them for the transaction they are about to make, as stipulated in Fees Schedule. All service fees are subject Goods and Service Tax (“GST”) and other taxes under all applicable laws and regulations, and Smart - i estore may charge the Seller Members such GST and other taxes additionally. Seller Member agrees that service fees and taxes may be paid by deduction from the purchase value paid by buyers or by other methods agreed by the Seller in accordance with the Policies determined by Smart - i estore.
Article 4 - Seller Member Obligation
Seller Member shall properly manage and ensure that relevant information such as the price and the details of products, inventory amount and terms and conditions for sales is updated through the Seller Office and shall not post inaccurate information. The price of products for sale will be determined by Seller Member at his / her own discretion. Seller Members may wish to take into consideration all relevant factors, including, but not limited to, Transaction Fees, shipping cost and other service fees. The settlement amount (before deducting there from any service fees) payable to a Seller Member for a sales call now will be determined by the seller at his / her own discretion based on the price of the products and Transaction Fee. The price of a product and shipping cost shall include the entire amount to be charged to buyers such as sales tax, GST, tariffs, etc., if any, and Sellers shall not charge buyers reviews such amount additionally and separately. Members agree that Smart - i estore Seller may, at its discretion, engage in promotional activities for and on behalf of the Seller Members to induce transactions between buyers and sellers Members by reducing, discounting or refunding the Transaction Fee and other service fees, or in other ways. In no event, such adjustment of Transaction Fee and other service fees will affect the originally determined settlement amount payable to Seller Members. The final price that buyers will actually pay shall be the price that such adjustment is applied to. For the purpose of promoting the sales of products listed by Seller Members, Smart - i estore may post such products, at an adjusted price, on third-party websites, such as portal sites and price comparison sites, and other websites, whether it's domestic or foreign, operated by Smart - i estore and / or its affiliates. Seller Members shall issue receipts or tax invoices to buyers on request, if such issuance is required under the laws of Malaysia.
Article 5 - Intellectual Property Rights
Seller Members shall ensure
that all contents including without limitation listings, information,
specifications, photographs, and products for sale as supplied or provided by
Seller Members on the Web Site do not infringe or violate trade mark rights,
patent rights, copyrights, trade names, domain names, portrait rights, design
rights, utility models, trade secrets, know-how, confidential information,
database rights, software rights, semiconductor and / or circuit layout rights
and all various other intellectual property rights subsisting in any part of the world
belonging to third parties.
Seller Members shall also ensure that the use of such intellectual property rights is with the prior, approval or consent of Intellectual Property Rights owner. Should there be any complaints or alleged claims of infringement or violation of intellectual property rights made by any Third Party against the Seller Members’ use of Intellectual Property Rights on the Web Site, Smart - i estore may at its sole discretion without notice to the Seller Member take down the listing, information, specification and / or photograph complained of and suspend sales of the Seller Member’s corresponding product until such time Smart - i estore at its sole discretion deems that evidence provided is sufficient to prove that the complaints and / or alleged claims are invalid. In order to boost sales, information regarding products and services provided by Seller Members on the Web Site may be disclosed to Smart - i estore's affiliated third parties, Including websites owned by and / or affiliated to such third party, as well as blogs belonging to other members of the Web Site Where disclosure of information is by another member on their blog, such disclosure could only be done in accordance to the methodologies prescribed by Smart - i estore in the Policies and is subject to the agreement of the member who wishes to disclose another member’s information to the Policies set by Smart - i estore Seller Members shall indemnify and hold harmless Smart - i estore and its directors and employees from all actions, claims and demands which may be instituted or made against the Seller Members arising from the Seller Member’s use of Intellectual Property Rights or violation of any applicable intellectual property laws. Seller Member has received claims from Third that their postings made on the Web Site infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, Seller Members shall to the extent possible exempt and not involve Smart - i estore, its directors and employees, and the Web Site from and in such claims.
Seller Members shall notify Smart - i estore as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to Smart - i estore, its directors and employees and / or the Web Site arising from the Seller Member’s use of any Intellectual Property Rights must shall be fully -compensated by the Seller Member.
Seller Members shall not, during or after the expiry or termination of this Agreement, use the name “Smart - i estore” (a) in or as the whole or part of its own trademarks, domain names and / or trade names; (b) in a manner which may be confusing, misleading and / or deceptive; and (c) in a manner that disparages Smart - i estore.
Article 6 - Product
Seller Members warrant that
the product and service listed on the Web Site are genuine, authorized,
legitimate, do not infringe the Intellectual Property Rights of any third
party, and do not violate any applicable and prevailing laws and / or norms
Seller Members shall immediately furnish evidence upon request that Member
Seller Member is the owner and / or is allowed permitted and / or authorized to
use intellectual property rights embedded in or used in conjunction with the
Product or services listed on the Web Site. Seller Members further warrant that
the postings of the products or services, and the products or services sold are
in compliance with all applicable Malaysian laws, including the Consumer
Protection Act 1999, Food Act 1983 and the Sale of Drugs Act 1952. Seller
Members shall immediately furnish evidence, such as a copy of the relevant
certificate or licence issued under Malaysian laws, upon request that he / she
has complied with the relevant legal requirements.
If the Seller Member violates any of its warranty as-provided in this Article 6 and / or other Policies as determined by Smart - i estore, Smart - i estore has the right to terminate or cancel this Agreement immediately without notice to Seller Members, and to cease all kind of advertisement listing, information, specifications, photographs, and / or announcement with regards to Seller Members along with the Product (s) related to Seller Member's account and has the right to demand payment from the Seller Members of any cost and losses incurred by Smart - i estore.
Article 7 - Delivery
On receipt of the payment from the buyer, Smart - i estore will notify the Seller Members of the paid order. Seller Members should then confirm that they have received the corresponding order within 3 (three) business days and take necessary actions for delivery. If the Seller Member fails to do so, Smart - i estore shall be given the option to cancel the corresponding order. Seller Members should ship and enter delivery information including the name of the delivery company, the tracking number, and other particulars pertaining to the order through the Seller Office within 3 (three) business days after the date of the confirmation, excluding pre-order and direct delivery method. If the Seller Member fails to do so Members, Smart - i estore may deduct the Seller Score, and reserve full authority to give the option to the Buyer to cancel the transaction before the Product has been shipped. Smart - i estore shall not be responsible or liable for any losses or damages to the corresponding Seller Member such due to cancellation. For pre-order method, Seller Members must input the date when the Product will be ready. Once the Product is ready, the same policy with regular orders will apply. If Seller Member fails to do so, Smart - i estore reserves the right to cancel the transaction and shall not be responsible or liable for any loss or damages to the Seller Member due to such cancellation. For direct delivery method, Seller Members shall take actions for the buyer to receive product within the time period specified by Seller Member on the product detail page. If Seller Member fails to do so, Smart - i estore may cancel the transaction and shall not be responsible or liable for any losses or damages to the Seller Member such due to cancellation. Seller Member shall take all reasonable actions for the buyer to receive the Product within the time period specified on the product detail page. If Seller Member fails to deliver the Product within such period or the Product was not received by the buyer due to, reasons not attributable to the buyer, such as delivering to wrong address, the Seller Member shall bear all liabilities relating thereto. If any transaction is canceled due to, reasons attributable to the Seller, eg unavailability of the Products, Smart - i estore may take necessary actions against the Seller. Smart - i estore may, at its option, provide overseas delivery service and other services relating to delivery in association with third- party service providers. The delivery method and provisions stipulated in this Article, will comply and be in accordance with the Policies as determined by Smart - i estore. In the event of any express conflict or difference (s) between this Article and the Policies, the Seller Member hereby agrees with Smart - i estore that the Policies shall PREVAIL.
Article 8 - Cancellation, Exchange, Return, and Refund
Buyers may cancel purchases at
any time before the Product status is in "Processing". Once the
purchased Product is in "Processing" status, cancellation will be
subject to Seller Member's approval and Smart - i estore Member's Policies.
Once Product is in "Shipped" status, such purchase will be subject to
a return process in accordance with Smart - i estore's Policies. In the event
that there is any disagreement between the Seller Members and Smart - i estore
regarding this matter, the Policies shall PREVAIL Buyers may request for the
return, exchange or refund of the Product at any time within 7 (seven) business
days from the date of receipt. With respect to a return-related matters, the
relevant Regulations and Policies shall PREVAIL over the terms and conditions suggested by the Seller
Member. After receiving returns-exchange requests
from buyers, Seller Members must respond by expressing in writing either
approval or denial within 5 (five) business days to the Buyer and/or Smart - i
estore. Should the Seller Members fail to do so, Smart - i estore may assume
that the Seller Member has accepted to the Buyer’s request and shall
automatically proceed with the refunds / exchange. Once the request for
returns-exchange has been followed up by the Seller Member and the Seller
Member have received the Products returned by the Buyer, Seller Members may
postpone returns exchange if there is a need to check for any delivery fee
settlement from the Buyer or, whether free gift has been returned, and should
there be a justifiable reason, Seller Member may reject returns. Upon this
request, Smart - i estore's Customer Service center shall confirm the situation
with the Seller Members and proceeds towards carrying out suitable actions for
refunds in accordance with applicable and specific Policies that are relevant
except in the case where the Seller Member wishes to dispute Buyer’s return of
the Products and request for, refunds, or exchange, Smart - i estore may
postpone refunds if Seller Members request to postpone refunds by providing
evidence on suitable reason. If the buyer sends the Product for returns to Smart
- i estore due to good causing and if delivery to the designated recipient is
impossible including but not limited to loss of contact with Seller Member, the
Buyer shall notify Seller Smart - i estore Members to pick-up the Product up
within 5 (five) business days. If Seller Members do not respond within 5 (five)
business days, Smart - i estore may permanently dispose the corresponding
Product. Should there be any fault or any safety concerns with the Product, Smart
- i estore shall require the Seller Members to recall its entire stock and to
repair, exchange, refund, and all costs shall be borne by the Seller
Returns costs shall be borne out by the party attributable to the returns request, such as:
1. Buyer, where the returns is due to his / her change of mind and
2. Seller Member, where the returns is due to the defects in the Product, delivery delay by Seller, and / or delivery of the wrong or different product.
For exchange of the Product
(s) due to defects in the Product or if the wrong / different Product was sent
to the Buyer, the Buyer must return the Product to the Seller Members. The
Seller Members will deliver the replacement Product to the Buyer after the
Seller receives Member Reviews such defect or wrong product from the Buyer.
Seller Member is obligated to use shipping company that provides tracking
system and Seller Members must inform the tracking number to the Buyer. For
exchange of the Product (s) due to the Buyer's change of his / her mind, the
exchange must be pre-approved by the Seller Members and re-delivery charges
will be completely borne by the Buyer. The Re-delivery payment charges must be
paid by the Buyer to the Seller after the Seller Members agrees to exchange the
Product (s) and Seller Member has received the Product (s) from the
Buyer is not allowed to return or exchange Products belonging to the following Product categories, UNLESS the Product is defective, malfunctioning or was wrongly delivered:
a. Products Delivered from Overseas
b. Gadgets and Electronics
c. Lingerie and Underwear
e. Beauty Products
g. Customized Products
h. Ticket, Hotel Reservation& Vouchers, Including but not limited to Airline Tickets, Concert Tickets
i. CDs & DVDs
j. Food, Including Perishable and Non-Perishable
Article 9 - Settlement
Seller Member shall submit personal / business identification information such as a copy of Identity Card (My Kad) or necessary business licenses or company documents as requested by Smart - i estore and bank account information together with documents, as required by Smart - i estore, evidencing that the bank account is owned by and in the name of the Seller Members when completing the seller registration. Seller Members shall not claim against Smart - i estore for damages, other than those stipulated in the Policies as determined by Smart - i estore. The amount payable by Smart - i estore to the Seller Members for any completed transactions through the Web Site is the Settlement Amount. The Settlement Amount will be calculated by deducting all service fees from the amount paid by the buyers. Seller Members settlement method will be via direct transfer to Seller Member's bank account
The Settlement Amount shall be paid in the following method:
1. Within 2 (two) business days after the day of the buyer's confirmation; or
2. Within 7 (seven) business days from the completion date of the Product delivery as stated in the Web Site; or
3. Within 2 (two) business days after the day of the receipt of the proof of delivery from Seller Members or the corresponding buyers.
Notwithstanding the provision of this Article, Settlement as stipulated in this Article will comply to the Policies as determined by Smart - i estore. Smart - i estore may at its discretion curtail the term based on Seller Member's performance or based on certain circumstances. Seller Member may at any time request to withdraw from the Seller Balance of the Seller Members and the requested amount shall be remitted to the Seller Member's bank account within 2 (two) business days.
Smart - i estore may deduct from the Settlement Amount to any expense or loss to which may have arisen due to the fault of the Seller Member, or in order to protect against the risk of liability, payments of the Settlement Amount may be withheld at Smart - i estore’s discretion.
Article 10 - Privacy Protection
Article 11 - International Section
Seller Members WHO are located overseas ("Global Seller") may list their Product on the Web Site for international trade and it is important that all listings and transactions comply with applicable laws of Malaysia. Global Seller are responsible for ensuring that transactions are lawful in both the country of the Global Seller and Malaysia. Smart - i estore strongly encourages Global Seller to learn about the laws of their own country as well as those of Malaysia. Global Sellers should the make sure that the Product they're selling can be lawfully posted outside of the country where the Global Seller is located and also the make sure that Global Seller can lawfully export the product into Malaysia before sending the Product. Sellers Member should discuss possible global export and / or import problems with potential buyers, do careful research, and hire an expert if necessary to the make sure that all transactions comply with all applicable laws.
If the country of a Global Seller, the Buyer is considered the importer of record and must comply with all laws and regulations of Malaysia. Buyers should the make sure that they can lawfully import the product into Malaysia before purchasing the Product. Buyers may be subject to import duties and taxes, which are levied once a shipment reaches Malaysia. In principle, the additional charges for customs clearance must be borne by the Global Seller if not specified otherwise in the product detail page explicitly; Smart - i estore has no control over these charges. These charges cannot be predicted. Global Seller may wish to contact the local customs office for further information on Malaysian customs policies as customs policies vary country to country.Smart - i estore suggests that international Buyers of Malaysia and Global Sellers WHO will ship internationally be aware that cross-border shipments are subject to opening and inspection by customs authorities. Also, Smart - i estore or Global Sellers may provide on certain order, shipment, and Product information - such as titles - to the international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require Smart - i estore or Global Sellers to state the value of the purchased Product directly on the package.
C. Cancellation and Refund
For overseas purchases, returns attributable to the buyer may not be practically possible due to high return costs. Smart - i estore or the Global Sellers take no responsibility and assume no liability for Reviews such cases.
D. Settlement for Global Sellers
With 'Global Sellers' and 'Products sold to Malaysia', there are separate purchase confirmation regulations set forth as follows:
1. With 'products sold to Malaysia', 20 (twenty) calendar days after the delivery date, automatic purchase confirmation will be made and payment settlement shall automatically be processed after 2 (two) business days after such settlement date.
2. All settlement sum of 'Global Sellers' shall be paid into 'Seller Cash'. At the bank transfer payment request, payment sum excluding bank transfer fee shall be made into the registered account.
3. If an overseas bank account is registered, a bank transfer payment request must be processed separately and the entire requested sum shall be transferred via bank on the proceedings on a Tuesday. This day is subject to change depending on various situations as determined by Smart - i estore.
4. Transaction fees and other fees determined by Smart - i estore, which arise due to overseas bank transfers shall be borne by the Global Sellers, and exchange rates shall adhere to rates at the time of the bank transfer.
Article 12 - Content
Seller Members may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise Injurious to third parties or objectionable and does not Consist of or Contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." Seller Members may not use a false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin or other content. Smart - i estore reserves the right, but not the obligation, to remove or edit Reviews such content, but does not regularly review posted content. If a Seller Member posts a content or submit a material, and UNLESS Smart - i estore indicates otherwise, the Seller Member is deemed to have a granted Smart - i estore a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Seller Members are deemed to have granted Smart - i estore and sublicenses the right to use the name that Members submit Seller in connection with such content, if they choose. Seller Members Represent and warrant that Seller Members own or otherwise control all of the rights to the corresponding contents posted by Themselves in the Web Site; that the content is accurate; that use of the content supplied does not violate the Policies and will not cause injury to any person or entity; and that the Member will indemnify Seller for all claims Smart - i estore the resulting from content supplied. Smart - i estore has the right but not the obligation to monitor and edit any activity or content. Smart - i estore takes no responsibility and assumes no liability for any content posted by Seller Member or any third party.
Article 13 - Other Businesses
Article 14 - Release
If a Seller Member has Disputes with one or more users, the Seller Members hereby releases Smart - i estore, and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such Disputes.
Aricle 15 - Access and Interference
The Web Site contains robot exclusion headers. Much of the information on the sites is updated on a real time basis and is proprietary or is licensed to Smart - i estore by Web Site users or third parties. Seller Members agree that not to use any robot, spider, scraper or other automated means to access the Web site for any purpose without the prior written permission Smart - i estore. Additionally, Seller Members agree that they will not:
1. Take any action that imposes or may impose, in Smart - i estore’s sole discretion, an unreasonable or disproportionately large load on the Web Site's infrastructure;
2. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for Seller Member's own Information, from the Website without the prior written permission of Smart - i estore Expressed and the NAMAs third party, as applicable;
3. Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
4. Bypass Smart - i estore robot exclusion headers or other measures we may use to prevent or restrict access to the Web Site.
Article 16 - Indemnity
Seller Members hereby indemnify and hold Smart - i estore, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys' fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of Seller Member's breach of this Agreement, or Seller Member's violation of any law or the rights of a third party.
Article 17 - No Warranties
Seller Members will not hold Smart - i estore responsible for other Users' content, actions or inactions, or Product listed by Users, including content they post. Seller Members acknowledge that Smart - i estore and the Web Site is not a traditional online shopping service provider or Auctioneer. Instead, Smart - i estore and the Web sites provide an electronic marketplace Buyer and Seller Members to carry out transactions between Buyers and Sellers Members. Smart - i estore is only responsible for operating and managing the Web site and making reasonable efforts in order to maintain efficient services on the Web Site. Smart - i estore and the Web Site are not involved in the actual transaction between buyers and Seller Members. Smart - i estore and the Web Site have no control over and do not guarantee the quality, safety or legality of products advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell products Members, the ability of buyers to pay for Product, or that a buyer or Seller Members will actually complete a transaction. Smart - i estore and the Web Site do not transfer legal ownership of products from Seller Members to the buyer. Unless buyers and sellers Members agree otherwise, the buyer will become the Product's lawful owner upon physical receipt of the Products from the Seller Member. Smart - i estore cannot guarantee continuous or secured access to our services, and operation of the Site may be interfered with by numerous factors outside of Smart - i estore control. Accordingly, to the extent that is legally permitted, excludes all implied warranties Smart - i estore, terms and conditions. Smart - i estore is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages Arising out of Seller Members use of the Web Site and services. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS WEB SITE, OR FROM A LINKED SITE Obtained Provided IS TO THE USER "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR Whether implied, Including, BUT NOT LIMITED TO, THE implied warranties OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SMART - I ESTORE HAS MADE REASONABLE Efforts TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, SMART - I ESTORE ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR omissions whatsoever IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL SMART - I ESTORE BE LIABLE FOR ANY LOSS OR DAMAGE BY THE USER'S CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS WEBSITE IS SOLELY AT THE USER'S OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE Exclusion OF CERTAIN warranties, SO THE ABOVE MAY Exclusions Limitations OR NOT APPLY TO SOME USERS.
Article 18 - Limitation of Liability
Specifically SELLER MEMBER AGREES THAT SMART - I ESTORE SHALL NOT BE Responsible FOR UNAUTHORIZED ACCESS TO OR alteration OF THEIR transmissions OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. Specifically SELLER MEMBERS AGREE THAT SMART - I ESTORE IS NOT LIABLE OR RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, Including INTELLECTUAL PROPERTY RIGHTS. Specifically MEMBERS ALSO AGREE THAT SMART - I ESTORE IS NOT responsible FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND / OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.IN NO EVENT SHALL SMART - I ESTORE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES whatsoever, Whether IN CONTRACT, TORT, STRICT LIABILITY OR Otherwise, Including WITHOUT LIMITATION, THOSE Resulting FROM: (1) RELIANCE ON THE MATERIALS presented, (2) COSTS OF REPLACEMENT PRODUCTS, (3) LOSS OF USE, DATA OR PROFITS, (4) delays OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, OUT OF OR IN Arising CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS WEBSITE, Whether OR NOT SMART - I ESTORE HAS BEEN Advised Of The Possibility OF SUCH DAMAGES.
Article 19 - Termination
This Agreement will be terminated forthwith by either Party by written notice in any of following events:
a. If Seller Member's membership status in the Web Site is terminated and / or revoked; or
b. If the other shall be in breach of any of the terms and conditions of this Agreement and / or the Terms& Conditions and / or Policies and fails to remedy the same within 60 (sixty) calendar days of being required by the other Party in writing; or
c. If either Party is Unable to pay its debts or a petition for winding up is presented or it goes into liquidation or judicial management or compounds with its creditors or a receiver Generally is appointed over all or any part of its assets or suffers any execution over Reviews such assets. However, the Parties agree that either Party shall be Entitled to undergo reorganization and / or amalgamation etc. and the other Party shall not be entitle to terminate this Agreement on account of reorganization and / or amalgamation; or
d. If either Party can not comply with, or obtain or maintain any Necessary authorizations, licenses or registrations required for the performance of its duties as stipulated hereunder; or
e. If either Party negligently or willfully does anything that is materially harmful to the goodwill or reputation of the terminating Party.
Article 20 - Miscellaneous
If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed severable and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. Smart - i estore’s failure to act with respect to a breach by Seller Members or others does not waive Smart - i estore’s right to act with respect to the same, subsequent or similar breaches. Smart - i estore does not guarantee that Smart - i estore will take action against all breaches of this Agreement. The execution, validity, interpretation and implementation of this Agreement shall be governed and construed in accordance with the laws of the Malaysia. If there is a difference in opinion arising as a result of the implementation of this Agreement, the Parties agree to resolve by deliberation to reach a consensus. In the event that the settlement through deliberation to reach a consensus is not reached within sixty (60) calendar days or any other periods as agreed between the Parties. Smart - i estore may amend this Agreement at any time by posting the Amended terms on the Web Site. Except as stated elsewhere, all Amended terms shall automatically be effective 14 (fourteen) calendar days after they are initially posted. This Agreement sets forth the entire understanding and agreement between Smart - i estore and Seller with respect to the subject matter hereof.