TERMS & CONDITIONS
Welcome to Sahabat Bazaar.my! Thank you for visiting our website www.sahabatbazaar.my all other sites, mobile sites, services, applications, platforms, and tools (collectively, the “Site”) which are governed by the following Terms and Condition (this “Agreement”) The purpose of this Agreement is to sets out rights and obligations and other necessary matters between “You”, “Your” or “User” shall refer to any natural or legal person and AIM Solutions Sdn. Bhd., the operator of sahabatbazaar.my, and its subsidiaries/partners (“Company”) in connection to the usage of this site and other e-commerce related services provided by the Site (“Services”). By accessing to this Site, you hereby agree to be bound by this Agreement, thus please read them carefully. As used in this Agreement, the terms “Sahabat Bazaar”, “Us”, “Our” or “We” hereby refer to the Company. 2. Definition
In this Agreement unless the context otherwise requires:
“Site” Means only www.sahabatbazaar.my its services, applications, platforms and tools. This excludes all other Third Party sites its services, applications, platforms and tools.
“You”, “Your”, “User” Means any natural or legal person who is Members and Non-members who granted the Services provided by the Company in accordance with this Agreement.
“Member” Means any natural and legal person who has registered himself, herself or itself as a member according to registration process established by the Company and who is provided the information on the Company on a consistent basis and is able to use the Services provided by the Company.
“Agreement” Means the Terms and Condition which set out rights and obligations and other necessary matters between person trading products or services and the Company.
“Company” Means AIM Solutions Sdn. Bhd. and its subsidiaries/partners.
“Services” Means in connection with e-commerce related services.
“ID” Means alphabets, numbers, or certain combination of alphabets and numbers selected by the member and registered by the Company for the identification of the member.
“Password” Means any combination of alphabets and numbers selected by the member and registered to the Company for the purpose of confirming the identity of member and protecting confidential information.
“Buyer” Means any User who purchases the products of the Merchant registered with the Company.
“Merchant” Means any person, organization, cooperative, corporate or company who has registered with the Company to list products on the Site.
“Business Day” Means any day during which Services are normally provided by the Company, which excludes Saturdays, Sundays and any public holidays in Malaysia.
“Content” Means submitting post reviews, comments, suggestions, ideas, questions and other information on the Site.
“IP” Means refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images, logo, trademarks used in commerce.
“Electronic Communication” Means via e-mails, electronic record or other mode of electronic communication to contact with the Company.3. Amendments/Variation of the Terms and Conditions
Notwithstanding any clause stated herein, we reserve the right and at our absolute discretion to change and/or vary and/or amend and/or add in Agreement from time to time without any prior notice to you. You are responsible to review these terms and condition periodically for any updates or changes. Your continuance usage of this Site following the changes will indicate that you have and will accept and agree to the subsequent revised terms. 4. Member Agreement
The user agreement in respect of the Services provided by the Company (“Member Agreement”) is established when the Company provides its consent to the application filed by any person, organization, cooperative, corporate or company who want to use the Services. The application is made when any person, who wishes to use the Services, fill each required information in the membership application from provided by the Company and expresses his intent to consent to this Agreement. Any individual shall register to become a Member in order to purchase products on this Site and anyone who is below the legal age of 18 is required parents’ guidance to use the Service. The applicant’s eligibility to register or sign up as a member shall be at the age of 18 or more. Any person, organization, cooperative, corporate or company which is able to engage in normal business activities as of the date of the application, is entitled to apply for the membership.
In principle, one (1) membership ID shall be given to one (1) person (on the basis of the email authentication for which personal identity has been confirmed; in the case of organization, cooperative, corporate or company, on the basis of each corporate number and business enterprise registration number).
In the case of application for membership submitted by you, the personal verification proceeding shall be undertaken by email authentication. For any application for which the personal identity verification proceedings cannot be undertaken by the Company, the Company is entitled to request the applicant submit evidentiary materials. 5. Account
You shall be solely responsible in maintaining the confidentially of the Your Display Name, Password and other personal information safe and secure. In addition, you must notify us immediately of any unauthorized use of your account. We shall not be held responsible and/or liable, directly or indirectly in whatsoever way for any loss or damage imposed as a result with your failure to comply with this clause. 6. License and Access
The Merchant is fully responsible for the listing of products on the Site. All product specification (such as descriptions, information, quality, value, salability, and material) posted on this Site is provided by the Merchant. The Company does not in whatsoever manner made any representation and warranties, implied or express pertaining the sale or purchase of any products on the Site between you and Merchant. In the event the Merchant discovers any error in the price stated on any goods which you have ordered, the Company will inform you as soon as practicable to give you the option of reconsider your order at the correct price or cancelling it. In the event, the Company is unable to contact you within 7 days, the order shall be treated upon cancellation and you are entitled for the full refund. However, if your credit card has been charged due to the order has entered into shipping process, the Merchant shall be responsible for the shipping charges in the event of refund or cancellation ordered by the Merchant shall be responsible in providing up-to-date information of their products listed from time to time. In this aspect, the Merchant shall not exaggerate or over emphasize on the attributes of such products so as to mislead in any manner and the Merchant must describe the actual condition of the product listed. If the item description does not match the actual condition of the product, the Merchant hereby agree to refund any amounts received from you. If the Merchant failed to keep the products correspond with the description listed on the Site more than three (3) times in track record upon receiving User’s complaint, the Company reserves the right at our absolute discretion to remove the membership of the Merchant and no longer has the right to sell the products and use the Services of the Site. The Company shall not be held responsible for any unsatisfactory or delayed performance of services or damage of products or delays due to non-availability of the product when the product is ordered by the User. 9. Customs
You may be subject to import duties and taxes, which are levied once a shipment reaches your country. The Company has no control over these charges as these charges cannot be predicted accurately. You may wish to contact the local customs office for further information on the relevant Customs policies as customs policies vary country to country. We may provide on certain order, shipment, and Quality Goods 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.
It is the buyer’s responsibilities to ensure that the items purchased by the buyer is in conformity with its own country law and the said items purchased are allowed to be shipped into the buyer’s country.
The Company shall not be held liable and/or be responsible for any goods or products which are being held by the local customs office, wherein are out of the Company's control. In this regards, the Company shall not bear any refund of the aforesaid event to the buyer.10. Prohibitions/Prohibited acts
You must not misuse this Site. You agree, covenant and undertake that you are bound to the followings including but not limited to:
a. You and the Merchant are not allowed to directly enter into a transaction outside the platform such as without using the site and Payment Gateway Services operated by the Company;
b. The Merchant and you are prohibited from removing from any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the site;
c. By submitting post reviews, comments, suggestions, ideas, questions and other information (“Content”), You warrants and represents that the content is legal, accurate, no violation in any law or regulation, no violation in any right of third party, not misleading in any way, no grossly harmful, harassing, defamatory, obscene, pornographic, invasive of another party’s privacy, hateful, threatening or other measures that is deemed unethical and unlawful upon the submission. You admit you are the sole author of the contents published and will be fully liable and responsible on the published content. You acknowledge that we have absolute discretion to monitor the Content and to take action such as remove, alter and block the submission Content.
d. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal that you send to us through the Website. You shall not use false e-mail address or other mediums to pretend, represent or impersonate someone else or identity to solicit the performance of any illegal activity or other activity which infringes the Company’s right or third’s party rights or otherwise mislead as to the origin of a card or other content (means the credit card/gift card/member card).
e. You shall not transmit any chain letters, unsolicited commercial electronic message, mass mailings, or any form of “spam” or junk email to other Users via the Site.
f. You must not encourage, assist or authorized any other person to copy, modify, reverse engineering, decompile or disassemble, or otherwise tamper with, the Company’s Software or the Site, whether in whole or in part, or to create any derivative works from or of Our software;
g. You will not violate or attempt to violate the security of the Site, including, without limitation to accessing data not intended for you or logging onto a server or an account that you are not authorized to access; trying to change the behavior of the Site; attempting to probe, scan, or test the vulnerability of a system or network, or to breach the security or authentication measures.
h. You acknowledge and agreed to grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, license to exercise the copyright, publicity, transmit, modify, copy, publish or create derivative works from such Content submitted by you.
i. You shall not commit and will not attempt to initiate any transaction that may contravene to any anti-money laundering legislation such as such as to transform illegally obtained funds gain into seemingly legitimate funds. Users hereby acknowledge and agree that the Company is obliged to comply with anti-money laundering legislation and you must provide us with any information we require before a contract comes into effect between us.11. Restricted Products List
The Merchant is not permitted to market or sell the following category of items on the Site.
a. Cosmetics endangering the safety or health of the customer, items without authorization from the relevant authorities;
b. Pornography materials;
c. Firearms or any hazardous weapons;
d. Black-market items;
e. Stolen goods or goods which are appropriated;
f. Goods that were imported illegally; and
g. Illegal items.
The above categories of Restricted Products are not exhaustive and the Company reserves the rights to amend, vary, expand the said categories of Restricted Products, which shall bind the Merchant from time to time. 12. Risk of Loss
All items purchased through the Site are shipped by the Merchant pursuant to the shipment contract between the Merchant and the delivery company. The Company shall not be responsible for any risk of damage to or loss of the goods in transit for any transaction made between you and Merchant. We shall not and is not obliged to mediate or resolve any dispute or disagreement between you and Merchant in relation to the delivery of products ordered.13. Return & Refund policy
In order to request for a refund, return or exchange of the product, the product subject to the following:
a. Shall be un-used and unopened such as Beauty, Health and Personal Care Products;
Products’ tag shall not be tampered with; (such as Sports and Equipment, Office Products, Jewelry);
b. Product shall be in the original brand packaging
c. You shall ensure that the product is sent to us in the same condition as it was when received by you and is packaged properly.
The User hereby acknowledge and agree that all the optional refund, return and exchange products are subject to the Merchant’s approval on the Buyer’s request, the Company shall in no manner whatsoever be held liable for any return, exchange and refund requested by You.14. Delivery/Cancellation Policy
The delivery of all the items purchased through the Site is made pursuant to a shipment contract between the Merchant and the delivery company. Merchant will be responsible for assuring that he will meet the shipping expectations for all orders received. Any dates quoted for delivery of the items are approximately only. The Company does not at any point of time guarantee the accuracy of delivery timeframe for the products to be shipped. The Company is not responsible for unsatisfactory or delayed performance of services or damage or delays or loss in transit for shipping process. If you wish to cancel your order at the shipping process stage, you shall contact our Customer Service team for assistance. 15. Disapproval of Representation or Guarantor
The Company does not guarantee anything with regard to the transaction undertaken by you and the Merchant. We do not sell the Products to the Buyer, nor does it purchase the Products from the Merchant. Sahabat Bazaar develops and provides the platform to augment the safety and reliability of the transaction between the Buyer and Merchant.16. Intellectual Property Rights, Trademarks, Copyrights
This Site is controlled and operated by the Company and products are sold by respective Merchants. All material on this Site, including images, graphics, text, logos, page headers, button icons, audio clips, video clips, scripts, digital downloads, data compilations, software are protected by copyrights, trademarks and other intellectual property (‘’IP’’) are owned, controlled and licensed by the Company. You may access, view, print and download all the related material on this Site for non-commercial use or for your own personal use. You shall not frame or utilize framing techniques or utilize framing techniques to enclose any trademark, logo, or other proprietary rights or information including but without limitation to images, text, page layout, or form of the Company without express written consent. No license, right, title or interest in any materials or software is transferred to you as a result for you to use the Website including reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. All material directly or indirectly located on this Site is to be used only for your shopping resource. All other trademarks or image, logos or other material which not owned by the Company that appear in the Site are the property owned by third party, who may or may not be affiliated with, connected to, or sponsored by the Company. We respect and treasure the intellectual property of others.17. Disclaimers of Warranties
The Company does not at any point of time make any representation or warranty as to the item-specifics (such as creditworthiness, identity or attribute) of any of its User (such as Merchant or buyer) on this Site. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment on that behalf. The Company will not represent and warrants to the Merchant which related to the financial status of the Buyer in the event if the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation otherwise than for the purposes of amalgamation or reconstruction. This Site, all content, information, materials, products including software and other services or otherwise made available to through this Site are provided on an “AS IS”, and “AS AVAILABLE” basis without representation or warranties of any kind. The Company makes no representation or warranties of any kind express or implied, as to the operation of this Site, the accuracy or completeness of the Site contents, or any emails sent from the Company are free of malware or other harmful components, thus, you expressly agreed that your access of this Site is at your sole risk. The Company will not be liable for any damages of any kind incurred arising from the usage of this Site. Certain providers/Merchant of products may separately provide limited representations and/or warranties regarding their products, this disclaimer does not apply to such products. The Company does not represent or warrant that the product listed of its nutrition, ingredient, allergen, and other product information on our Site is accurate or complete since this information is provided by the Third-Party (Merchant/merchant) and on occasion merchant/Merchant may modify their products and update their labels. We hereby recommend you not to rely solely on the information published on our Site and hence you should consult the products label or contact the Merchant directly if you do have any specific dietary concern or question about the product listed on our Site.18. Limitation of Liabilities
Under no circumstances shall the Company or its directors, employees, officers, staffs, affiliates or agents be liable for any direct or indirect losses or damages arising out of or in connection with your usage of this Site. This is a comprehensive limitation of liability that applies to all losses and damages in related to any kind including whether general, directly, indirectly, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits made available to you through this Site and we do not warrant and guarantee Sahabat Bazaar’s server or electronic communications sent from our Site are free from viruses or other harmful components. To the full extent permissible by Law nothing on this Site constitutes, or is meant to constitute, advice of any kind to you. If in any way an authorized representative of the Company has been advised of or should have known of the possibility of such damages, subject to the foregoing, in no event will Sahabat Bazaar be liable for any damages in excess of the fees paid by you in connection with your use of the Site. You expressly agree that your access to this Site is at your sole risk.19. Severability
If any of these terms and conditions deemed severable or invalid under the permitted law and regulation, it shall not affect the validity and enforceability of any remaining condition. All of which shall remain in full force and effect, as long as this Agreement shall be capable of continuing in effect without the unenforceable term.20. Complaint Management
The Company welcomes your reviews, comments, and other means of communication or content made to us. By submitting (such as reviews, comments, suggestions, ideas, questions and other information), you warrants and represents that the content is legal, accurate, no violation in any law or regulation, no violation in any right of third party, not misleading in any way, no grossly harmful, harassing, defamatory, obscene, pornographic, invasive of another party’s privacy, hateful, threatening, invasive of privacy, infringing of intellectual property rights (including publicity rights) or other measures that is deemed unethical and unlawful upon the submission. You admit you are the sole author and responsible for the contents submitted by you. You acknowledge we have sole discretion but at no obligation to monitor the Content such as remove, alter and block the submission content. 21. Health information
If the listed product contained any health care information in this Site, it shall be intended for educational purposes only. It is not intended as medical advice for individual condition or treatment. Only the doctor or pharmacist has the right to provide you with advice or what is safe and effective for you.22. Dispute Resolution
Any dispute or claim relating the transaction between you and Merchant or in any way in relation to your access or usage of the Site, or to any products or services indirectly or directly sold or distributed by the Merchant will be resolved by way of arbitration, rather than in court proceedings. The review of an arbitration award is limited. The Arbitrator must be appointed by parties mutually. All charges arising from the dispute resolution shall be borne by you and the Merchant or decided by the arbitrator.23. Security
All online transaction is sent through our secure server. Once we have received your information through the Site, only trusted, authorized employees will be engaged to process the payment to ensure that your information is handled with utmost security level. You hereby agree, acknowledge and covenant not to commit or engaged in any criminal offences, transmit or distribute a virus including but not limited to Trojan Horse, worm virus, logic bomb or post any material indirectly or directly which is malicious, technological harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Site; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute an offence under Section 233 of the Communication and Multimedia Act 1998. In the event such breach occurs, the Company reserve the right to report the breach to the relevant law enforcement authorities and appropriate legal action will be taken. In order to keep the Company’s up-to-date, we may offer automatic or manual updates at any time and without providing notice to you.24. Links to Third Party Website
The Site may contain links to other sites operated by third parties. These links are available for your convenience and are intended only to enable access to these third-party Sites and for no other purpose. Sahabat Bazaar does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness, privacy setting for particular purpose of any such Website. Any link to a third-party site presented on our Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Sites may differ from the condition of use. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of the Third-Party Sites.25. Force Majeure
Sahabat Bazaar shall not be liable to you for any breach for any reason of any delay in performing or failure to perform any due to any cause beyond our reasonable control, including but without limitation to acts of god, explosions, flood, acts of restriction, regulations, by-laws, or measures of any kind on the part or governmental parliamentary or local authority, import or export regulations or embargoes, riot, terrorist attack, threat or preparation of war, interruption of production or operation line, difficulties in obtaining raw materials labor, fuel parts, or machinery break down etc. 26. Miscellaneous Clauses
No provisions of this Terms and Condition shall be waived except pursuant to a writing executed by the party against whom the waiver is sought, no failure to exercise, partial exercise of, or delay in exercising any right, remedy, or condition. No party hereto can assign, delegate or transfer any rights or obligations under this Agreement to a third party without a written content of the other party. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without Sahabat Bazaar express prior written consent. We will not be responsible for failure to fulfil any obligation due to causes beyond our control.27. Indemnification
As a condition to the use of this Site, you agree to defend, indemnify, hold harmless the Company and its respective directors, licensee, affiliates, subsidiaries, agents, officers, employees, from and against any claim, liabilities, losses, damages, inquiries, demand, suits, costs, and expenses which including but not limited to, reasonable attorney’s fees and expenses arising out of or otherwise relating to your usage of this Site. 28. Waiver
On or at any time this Agreement is effective and enforceable unless and until terminated by both parties (the Company and the Merchant) upon mutual consent and official write in for agreement. Upon the termination of this Agreement is effective, it shall be provided that you discontinue any further use of this Site and all products transaction that are in process must be completed, withdrawn, or cancelled and any consequences arising from such withdrawal or cancellation shall be borne by you who agreed to terminate this Agreement. Further, the Company reserves the right to terminate this Agreement at any time and may do so immediately with notice in the event if you have breached of an obligation under the Agreement, related laws and regulations or otherwise. 30. Applicable Law
By using any of the Company’s Service, you agreed that this Agreement shall be governed by the laws of Malaysia and strictly without regard to principles of conflict of laws. The place of jurisdiction shall be exclusively Malaysia. The Malaysian court shall be the competent court of first instance for any litigation arising from disputes between us and the user in relation to the used of this Site.