1. Services (“Services”) a. Hiclicks Malaysia is an online e-commerce logistics platform where customers can directly purchase different kind of items and goods from overseas and deliver to our designated overseas local warehouse for consolidate, repacking and deliver to your designated delivery address. Please refer to our Site for more information on each method. b. In addition, we also provide shipping services, we are acting as your liaison to 3rd-party shipping operators after you have bought the goods yourself. We shall not be held responsible for any claims, damages, losses and expenses resulting from any under declaration of value or breach of any law or regulation by you.
2. Formation of the Contract You must be at least eighteen (18) years old and able to enter into a legally binding contract with us in order to use our Site. To use the Services we provide via our Site, you are required to follow the steps on the Site. Your request to engage us to provide the Services is subject to our acceptance and we reserve the right to discontinue at any time the provision of our services before our acceptance and such discontinuance shall be without any liability to us save for refunds of the payment made by you in relation to the item you ordered but not delivered to you in accordance with our refunds policy set out below. We shall only be deemed to have accepted your request when you receive a written confirmation from us. You agree to bear any additional fees based on your additional requests after we have commenced any of the Services including but not limited to your cancellation of order or customization requests after our acceptance.
3. Update of User Agreement We reserve the right to amend the terms in this User Agreement at any time. All amendments will be posted online. Continued use of the Site will be deemed to constitute acceptance of the terms in this User Agreement as updated or amended from time to time. You are responsible for reviewing the latest terms each time you use our Services.
4. Member Account To use our Services, you must register with us by creating an account ("Account") on the Site. You agree to provide honest, complete and updated information about yourself, including but not limited to your registration, payment and parcel collection details. If we have reasonable grounds to suspect that the information and/ or data you have provided is misleading, inaccurate or fraudulent, we reserve the right to suspend and/ or terminate your use of our Services and/or Site. You shall be solely responsible for maintaining the confidentiality of the information and activities of your account. The sharing of your Account with other persons may cause irreparable harm to us and we shall be indemnified against any loss or damages, including but not limited to loss of profits suffered as a result of the mishandling/ misuse of an Account. You shall not create multiple user accounts with the intent to, including but not limited to, abusing our staff or misusing our Services and/or Site. The Company shall not be liable for any loss or damages arising from your failure to comply with this paragraph.
6. Content of Services a. In spite of the transaction occurring on the site, we are not responsible for the accuracy of descriptions, functionality, merchantability and quality of the items you bought from other website. You agree that by using the Services, you fully understand the content of the services. The Company will not be liable in any way for any additional requests out of the content of the Services listed. You also agree that you will bear the responsibility for any exporting or importing tax, duty, license, permit, additional processing cost or documents requested by exporting or importing country’s government agency, or any other loss or consequence caused by your items. b. We reserve the right to archive or remove cancelled/completed orders that are more than 2 years old from the date of order submission, for the purpose of maintaining the stability of our platform.
7. Displayed Items on our Site All information and content related to items on our Site, including but not limited to price, details, dimensions, weight, descriptions, and specifications of the items are translated by us from the information HiClicks Malaysia obtained from third party sources and the items or the related information are not owned, manufactured, sold or endorsed by our Company. Considering the technical limitations, we do not warrant that the said information is accurate, complete, reliable, current, or error-free, or halal/ non-halal. Each item offered for sale/ promotions/ third party sources on our Site has an item description and/ or a reference link. You shall be responsible for confirming the information and content related to the item you wish to purchase through the information and/ or link provided before you submit any order. It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on our Site. a. Product Price & Domestic Shipping Fees If there is a difference in the price due to any reason, we will inform you as soon as possible and we will give you the option to top-up the order’s price difference and reconfirm the order at the correct price, or to cancel the order. However, this is subject to a few factors including without limitation the availability of the item you wish to purchase, the timing of your response and the confirmation of HiClicks Malaysia. We cannot guarantee the accuracy of product information displayed on our website/ third party sources, including but not limited to price and stock availability. In circumstances where the order cannot be fulfilled by HiClicks Malaysia, it may be cancelled and refunded. b. Translation Some information or content related to the items on our Site is translated to English for a rough reference only. Please contact our customer service team should you need more information about the product and any associated risks before making your purchase. c. Shipping Restrictions We reserve the right to change or disallow certain international shipping methods for items that are prohibited due to certain conditions, including, but is not limited to their length, volume, weight, or if the product bears the logo of international brands. We shall not be held liable or responsible if the items you purchased cannot be delivered to you due to the operation of law or regulations or other factors beyond our reasonable control. Our services are only available with regards to lawful goods; you must comply with all customs laws and regulations and other applicable laws. You will be responsible if anything is imported into Malaysia in contravention of such laws.
8. Purchase and Payment We support the following payment methods: a. Credit Card Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. b. Bank Transfer You may make payments through an Automated Teller Machine or internet bank transfer to our designated bank account. You must provide us with the transfer details, and receipt or payment transaction reference for verification purposes. c. Offline Payment You may make cash payment directly at any of our office, warehouse or self-collection points.
9. Promotions We may run promotions, subject to additional terms and conditions, which can be found on the Site and are hereby incorporated by reference into this User Agreement. The terms and conditions of the individual promotion have to be met before we can process your orders. We shall have the absolute discretion to vary the terms and conditions applicable to each promotion we offer.
10. Vouchers, Coupon The following terms shall apply to the use of vouchers, coupon. You shall observe any additional terms applicable to each category below from time to time. We reserve the right to vary the applicable additional terms at our sole and absolute discretion and to discontinue any benefits conferred to you under this clause without notice or liability and to extend the validity beyond the stated expiration date. a. Vouchers Vouchers are for one-time use. All fully- and/ or partially-claimed vouchers are non-refundable. All vouchers have their service life which will be stated on voucher itself, and each voucher can only be used for certain specified services. b. Coupon Coupon offer a discount on international shipping fee. They cannot be used in conjunction with other parcels under other existing promotions.
11. Home Delivery The stated home delivery fee applies for home deliveries to lift-accessible floors. If our delivery crew is unable to deliver your parcel by due to reasons, including but not limited to, bulky parcel dimensions that cannot fit the lift; out-of-service lift upon arrival, we may opt to manually carry your parcel through non-hazardous means to your doorstep. Additional charges may be imposed for our delivery team as a result. There is no delivery available to remote or restricted areas.
12. After-Sales In the event of any after-sales issues, please send us an enquiry via your Account, or email us at firstname.lastname@example.org. We will reply to your enquiry within 3 - 5 working days.
13. Ship-For-Me Service Ship-for-Me service is a forwarding service that allows you to forward your parcels from Taiwan, Japan, Korea or USA to Malaysia. Any outstanding fees or payments due to your relevant third party seller (“Seller”) have to be paid for in full before arrival at our overseas warehouse. Please contact and settle all payments with your respective Sellers before your parcel reaches us, as we reserve the right to reject the unpaid item upon receipt. Upon our receipt of all your parcels, and after you have made payment to us for the shipping fees based on the weight and size of your parcels, we will arrange the shipment to Malaysia. There is no inspection service provided. For all payment, pre-sales and after-sales issues related to the goods, you will have to settle them with your Seller directly. It is illegal to ship certain contraband items into Malaysia. You agree that you shall only arrange for us to ship goods that do not infringe on existing local laws into Malaysia. If your parcels cannot be shipped into Malaysia due to the operation of law or regulations, we shall not be held liable and you shall fully indemnify us for all the costs, penalties, loss, damages and expenses incurred and/or suffered by us.
14. Storage Charges and Disposal Storage charges may apply and in certain circumstances, we may dispose your items. Please refer to our storage policy available on our Site for more information.
15. Membership and Benefits We reserve the rights to change, amend, modify, suspend, continue or terminate all or any part of, current or new, membership & benefits in an individual case or in general, at any time with or without notice.
16. Errors, Inaccuracies and Omissions Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services and/or Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
17. Prohibited Uses and Termination You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service and Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet, (l) to stalk, harass, or otherwise harm another user of our Services, our employees or third party. We reserve the right to remove any content that is not in accordance to existing laws and regulations or is misleading and inaccurate, without notifying users. a. User shall use the Site and its content for lawful purposes only. User shall not: i. transmit through the Site any content which violates or infringes in any way upon the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, an invasion of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or which is false or misleading; ii. Compromise the integrity of our software or systems; iii. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; iv. Misuse the Site by creating multiple user account; v. transmit or distribute a virus or any other type of malicious code that will or may be used in any way that will affect the security, functionality or operation of the Site or of any related website or other websites; vi. Send any unsolicited advertising or promotional content; vii. Hack into any aspect of the Site; viii. Attempt to affect the security, performance or functionality of any computer facilities related the Site; ix. Collect or track the personal information of others or to stalk, harass, or otherwise harm another user of our Site; x. Use the Site or its content for any obscene or immoral purpose; and xi. Restrict or inhibit any other user from using or enjoying the Site in anyway. b. We reserve the right to remove any content that is not in accordance to existing laws and regulations or is misleading and inaccurate, without notifying users.
18. Limitation of Liability a. Nothing in this User Agreement is intended to exclude or limit our liability to you for any loss or damage arising from the negligence on the part of us or breach of any express terms contained herein if you are dealing as a Consumer. Save as except the foregoing, this clause shall apply to all other users. b. We do not guarantee, represent or warrant that your use of our Services and/or Site will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Services and/or Site is at your sole risk. The Services and all items delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Without prejudice to the generality of the foregoing, we do not warrant: i. the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform or the Services; ii. that the Platform or the Services will be provided uninterrupted, secure or free from errors or inaccuracies, or that any identified error will be corrected; iii. that the Platform or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent or program; and iv. the security of any information transmitted by other users or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet. You agree that from time to time we may remove the Services and/or Site for indefinite periods of time or cancel the Services and/or Site at any time, without providing prior notice to you. c. In no case shall we, our directors, managers, employees or interns be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from this User Agreement, your use of any of the Services, Site or any items procured using the Services and/or Site, or for any other claim related in any way to your use of the Services, Site and/or any items, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services and/or Site or any content (or product) posted, transmitted, or otherwise made available via the Services and/or Site, even if advised of their possibility. d. In the event that any of the exclusions referred to in this clause are not permissible in law, our maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract shall not exceed, the lower of, the total price paid by the user to us for the Services (excluding the price of the items purchased by the relevant buyer) or five hundred Malaysia Ringgit (MYR 500.00).
19. Intellectual Property We are the lawful authorized licensee of all the rights to the Services and Site. The Services and Site embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Services and Site shall remain with us or its affiliates/ licensors. All rights not otherwise claimed under this User Agreement or by us are hereby reserved. HiClicks Malaysia guarantees that we have the legal right to reproduce the information and content of the offered items and goods, including pictures and descriptions related to the items on our Site. We are not responsible for any infringement of any intellectual property right in any reproduction thereof.
20. Third Party Sites and Information This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their items and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
21. Termination of Use and Services a. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. b. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension- Without prejudice to any other rights that we and you may have under this User Agreement or at law, we or you may immediately terminate User Agreement if: (a) the other party is in breach of any clause contained herein and such breach is not remedied within thirty (30) days of the other party's written notice; or (b) the other party shall pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration or if a receiving order is made against such Party or such Party makes any arrangement or composition with its creditors. Notwithstanding any of the foregoing, in the event that you are found to be in breach of your obligations under this User Agreement, we may terminate or suspend your use of our Site without notice to protect our Site and other users of the Site.
22. Indemnity You will indemnify and hold us (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services and/or Site or your breach of any law or the rights of a third party.
23. Severability If any clause in this User Agreement shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as this User Agreement shall be capable of continuing in effect without the unenforceable term.
24. Waiver No failure or delay by us in exercising any right under this User Agreement shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under this User Agreement.
25. Sub-Contract Please note that HiClicks Malaysia has the right to sub-contract its obligations for the delivery of the Items to any third party at any time and at its sole discretion.
26. Force Majeure We shall not be liable to you or be deemed to be in breach of this User Agreement by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the items, Services and/or Site if the delay or failure was due to any cause beyond our reasonable control, including but not limited to: a. fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster; b. war or threat of war, sabotage, insurrection, civil disturbance or requisition; c. acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; d. import or export regulations or embargoes; e. strikes, lock outs or other industrial actions or trade disputes; f. difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by us or suppliers; or g. telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
27. Entire Agreement All access and use of the Site and Services are governed by this User Agreement to the exclusion of all previous written or oral agreements between the parties and this User Agreement constitutes the entire agreement between the parties.
1. Email address, contact information, date of birth and gender, and financial information, such as credit card or bank account numbers;
2. Transactional information based on your activities on the Website;
3.Postage, billing and other information you provide to purchase or dispatch an item;
4.Dispute resolution, correspondence through our Website, and correspondence sent directly to us;
5.Other information from your interaction with our Website, services, content and advertising;
6.Additional information which you submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
7. Information from other companies, such as demographic and navigation data, and/ or
8. Other supplemental information from third parties.
All personal data shall be provided by you voluntarily unless where it is indicated as mandatory. If you fail to supply us the compulsory personal data, we may refuse to process your personal data for any of the purposes and/or result in us being unable to provide you with the services and/or products requested. Failure to provide accurate and truthful personal data may result in our inability to serve you effectively. Marketing We don't sell or give away your personal data to third parties for their purposes without your explicit consent. We may combine your information with information we collect from other companies to improve and provide more personalized services, content and advertising to you. You can always choose to unsubscribe from marketing information at any time by opting for the unsubscribe function within the electronic marketing material. Use Our primary purpose in collecting personal data is to provide you with a safe, smooth, efficient and customized experience. You agree that we may use your personal data to:
1. Provide the services offered by us and customer support;
2. Respond to your queries, resolve disputes, collect fees, and/ or troubleshoot problems;
3. Prevent potentially prohibited or illegal activities, and enforce the User Agreement;
4. Customize, measure and improve our services, content and advertising;
5. Tell you about our services;
6. Send you targeted marketing, service updates, and promotional offers;
7. Verify and carry out financial transactions in relation to payments you make online;
8. Compare information for accuracy, and verify it with third parties;
9. Comply with any legal or regulatory requirements;
10. Provide aggregate information to our partners about our users without disclosing information about identifiable individuals; and
11. Provide such other service which is related to any of the foregoing.
Withdrawal of Consent | Account Closure You may withdraw your consent to our collection of your personal data and/or information or limit the processing of your personal date and/or information at any time by notifying us or calling our customer service. In that event, we will not be able to identify you and provide you with a safe, smooth, efficient and customized experience while using our site. Although you can browse through most of our sites without giving any information about yourself, in some cases, personal data is required in order to provide the Services you request. Sharing Your Information We may share your personal data, within or outside Malaysia, with:
1. Our related corporations, business partners, service providers including but not limited to those directly related to the delivery of the products and services which you purchased from us;
2. Third parties giving promotional offers: Sometimes we send offers to selected groups our users on behalf of other businesses. We do not give such businesses your personal data. If you do not want to receive such offers, you can always choose to unsubscribe at any time by opting for the unsubscribe function within the electronic marketing material.
3. Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
4. Banks, governmental departments and/or agencies, regulatory and/or statutory bodies;
5. As part of our compliance with Intellectual Property laws; and
For the avoidance of doubt, if we have reasonable grounds to believe that any user is in breach of any of the terms of this Policy, we reserve the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, we may disclose the user's identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if we are of the view, in our sole and absolute discretion, that it would be in its best interest to do so. We shall not be liable for damages or results arising from such disclosure, and the user(s) agrees not to bring action or claim against us for such disclosure. Accessing, Reviewing, Changing and Retaining Your Personal data You have the right to request access to and to request correction of your personal data and to contact us with any inquiries or complaints in respect of your personal data (including the possible choices and means for limiting the processing of your personal data or to cease or not begin processing your personal data for purposes of direct marketing). You may make a data access request in writing to us and we may refuse to comply with a data access request or a data correction request and shall, by notice in writing, inform you of our refusal and the reasons of our refusal. Third Parties Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are buyers or sellers on our Website or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to conduct your due diligence in reviewing their privacy policies before you disclose your personal information to others. Consent By continuing to use Website, you consent to the processing of your personal data in accordance with this Policy. Changes to this Policy HICLICKS MALAYSIA reserves the right to modify and change this Policy at any time. Any changes to this Policy will be published on our website. You should check this Policy each time you access our website so as to be aware of the most recent applicable version of this Policy. Conflict If there is any conflict between the English and Bahasa Malaysia versions of this Policy, the terms stated in the English version shall prevail. Accuracy and Up-to-date personal data You are responsible for ensuring that the information you provide us is accurate, complete, not misleading and kept up-to-date.
01/03/2018 Revision 1.0
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