TERMS OF USE

    Last updated 28th December 2023

    1.INTRODUCTION

  1. 1.1.Please read these Terms of Use (“Terms”) carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms which are applicable to you. These Terms and TRADEE Policies (as defined) constitute a legally binding agreement (“Agreement”) between you, whether personally or on behalf of an entity (“User” or “you”), and TRADEE (as defined). The Agreement applies to your use of TRADEE Sites (as defined) and the Service provided by TRADEE. If you do not agree to the Terms, you shall not, or shall immediately cease accessing and using TRADEE Sites and/or the Service.
  2. 1.2.TRADEE may amend the terms in the Agreement at any time to account for changes in applicable laws and regulations. Such amendments shall be effective once they are posted on TRADEE Sites. It is your responsibility to review the Terms if we have amended the Terms since you last used TRADEE Sites and/or the Service. Your continued use of TRADEE Sites and/or the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
  3. 1.3.User who is minor in the jurisdiction in which he/she resides shall have the permission of, and be directly supervised by, his/her parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Service.
  4. 1.4.Our privacy policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use TRADEE Sites and tells you about your privacy rights and how the law protects you. Please read our privacy policy carefully before using our Service.
  5. 1.5.TRADEE is a technology company which provides a platform to facilitate User (as defined), by linking the Buyer to Seller and vice versa through TRADEE Sites. For avoidance of doubt, the Service includes an online platform service that provides a place and opportunity for the sale of goods between the Buyer and Seller. The actual contract for sale is directly between Buyer and Seller and TRADEE is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. TRADEE is not involved in the transaction between User. TRADEE may or may not pre-screen User or the content or information provided by User. TRADEE reserves the right to remove any content or information posted by you on the TRADEE Sites. TRADEE cannot ensure that User will actually complete a transaction. TRADEE is not responsible for the acts and/or omissions of any User. Seller shall not represent to be an agent, employee, or staff of TRADEE.

    6. 2.DEFINITIONS

    For the purposes of these Terms, the following words shall have the meanings ascribed below:

  6. 2.1."Application" refers to the relevant mobile application(s) made available for download by TRADEE (or its licensors) to User;
  7. 2.2."Buyer" refers to any person who uses and/or has access to TRADEE Sites and make a purchase of goods / services promoted, offered for sale, sold and/or provided by Seller.
  8. 2.3."Force Majeure" means any circumstances beyond the reasonable control of you and TRADEE which shall include, without limitation, pandemic, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, including acts of local government and parliamentary authority of whatever nature and for whatever cause arising.
  9. 2.4."Personal Data" is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, telephone number, bank and credit card details, email address, national registration identification card number, passport number, postal address, age, and/or date of birth;
  10. 2.5."Platform" means the relevant TRADEE technology platform, portal, or website that, when used in conjunction with the Application, enables User to request or access to Service;
  11. 2.6."Privacy Policy" means our privacy policy as amended from time to time;
  12. 2.7."Seller" refers to any person who uses and/or has access to TRADEE Sites to provide, promote, offer for sale and/or sell goods / services to Buyer.
  13. 2.8."Service" means the linking of Buyer to Seller and vice versa through TRADEE Sites. For avoidance of doubt, the Service includes an online platform service that provides a place and opportunity for the sale of goods between the Buyer and Seller. The actual contract for sale is directly between Buyer and Seller and TRADEE is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. TRADEE is not involved in the transaction between User. TRADEE may or may not pre-screen User or the content or information provided by User. TRADEE reserves the right to remove any content or information posted by you on the TRADEE Sites. TRADEE cannot ensure that User will actually complete a transaction.
  14. 2.9."Software" means any software associated with the Application which is supplied made available for download and installation by TRADEE;
  15. 2.10."TRADEE" means:
    • 2.10.1.TRADEE Technology Sdn Bhd; and
    • 2.10.2.the relevant subsidiary, affiliate, associated company of TRADEE Technology Sdn Bhd;
  16. 2.11."TRADEE Policies" means the following:
    • 2.11.1.the Privacy Policy; and
    • 2.11.2.all other forms, letters, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
  17. 2.12."TRADEE Sites" means the Application, Platform and/or Software provided by TRADEE (or its licensors);
  18. 2.13."User", "Users" means any person who uses or access to the Application, Platform and/or Software including but not limited to Buyer and/or Seller;
  19. 2.14."Reward" refers to a variety of offerings provided by TRADEE and/or Seller, including but not limited to loyalty tokens, e-vouchers, promotions, discounts, free gifts, promotion codes, and other benefits. These items are extended to User as incentives, acknowledging their loyalty, participation, or specific actions on TRADEE Sites. Rewards are subject to specific terms and conditions, as outlined by TRADEE or the respective Seller, and may vary based on promotions and user engagement activities.

    20. 3.REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

  20. 3.1.You represent and warrant to TRADEE and acknowledge that TRADEE is relying on your representations and warranties that:
    • 3.1.1.You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. The usage of TRADEE Sites is only accessible to minors or medically/mentally/legally incompetent person who possess legal parental/ guardian consent or legal spouse/parent/relatives or who are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
    • 3.1.2.You will provide accurate, current, and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current, and complete at all times during the term of the Agreement. You agree that TRADEE may rely on your information as accurate, current, and complete. You acknowledge that if your information is untrue, inaccurate, not current, or incomplete in any respect, TRADEE has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
    • 3.1.3.You will only use TRADEE Sites for their intended and lawful purposes;
    • 3.1.4.You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
    • 3.1.5.You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
    • 3.1.6.You will not try to interrupt or harm the TRADEE Sites and/or the Service in any way;
    • 3.1.7.You will not attempt to commercially exploit any part of TRADEE Sites without our permission, including without limitation modify any of TRADEE Sites’ content in any way, or copy, reproduce, publicly display, distribute, or otherwise use or communicate them for any public or commercial purpose without our permission;
    • 3.1.8.You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity without our permission;
    • 3.1.9.You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
    • 3.1.10.You will not use TRADEE Sites for sending or storing any unlawful material or for fraudulent purposes;
    • 3.1.11.You will not use TRADEE Sites to cause nuisance or behave in an inappropriate or disrespectful manner towards TRADEE or any third party;
    • 3.1.12.When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
    • 3.1.13.You will not copy and/or distribute the Software or other content on TRADEE Sites without written permission from TRADEE;
    • 3.1.14.You will only use an access point or data account which you are authorized to use;
    • 3.1.15.You agree that the Service is provided on a reasonable effort basis;
    • 3.1.16.You agree that your use of the Service will be subject to TRADEE Policies;
    • 3.1.17.You agree that TRADEE may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of twelve (12) months from the last date of transaction and deactivate or restrict access to your user account;
    • 3.1.18.You agree to assist TRADEE with any internal or external investigations as may be required by TRADEE in complying with any prevailing laws or regulations in place;
    • 3.1.19.You agree to assume full responsibility and liability for all loss or damage suffered by yourself, TRADEE or any other party as a result of your breach of this Agreement; and
    • 3.1.20.You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud TRADEE or to disrupt the natural functions of the TRADEE Sites. 

    4.COMPATIBILITY

  21. 4.1.Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with TRADEE Sites. While we continuously develop TRADEE Sites in order to, as far as possible, support all commonly used devices and models in markets and all browsers where TRADEE Sites is likely to be accessed from, we do not warrant compatibility of TRADEE Sites with specific mobile devices or other hardware.
  22. 5.PAYMENT FROM BUYER
  23. 5.1.Buyer shall make full payment and any applicable tax and shipping fees for goods purchased on TRADEE Sites using the selected payment method at the time of purchasing, as provided in the available options within the TRADEE Sites. Once a payment is made based on the chosen method, it is non-refundable and cannot be revoked, except in accordance with the applicable Cancellation, Return and Refund Policy.
  24. 5.2.You authorise TRADEE to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
  25. 5.3.You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be in RINGGIT MALAYSIA (RM).
  26. 5.4.We reserve the right to refuse any order placed through the Service. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
  27. 5.5.TRADEE provides guarantee service to protect purchases made by Buyer (“TRADEE TRUST”). To protect against the risk of liability, payment for purchases made to Seller using TRADEE’s Service will be held by TRADEE (“TRADEE TRUST Account”). Seller will not receive interest or other earnings from the sum you have paid into TRADEE TRUST Account
  28. 5.6.After Buyer makes payment for his/her order ("Buyer’s Purchase Monies"), Buyer’s Purchase Monies will be held in TRADEE TRUST Account until:
    • 5.6.1.Within Buyer Confirmation Period, Buyer sends confirmation to TRADEE that Buyer has received his/her goods and does not make application under 6.1.2 and 6.2.3, in which case, unless 5.6.4 and 6.2.2 apply, TRADEE will release Buyer’s Purchase Monies (less the Seller’s proportion of the shipping fee (if applicable), the transaction fee, TRADEE commission fee and tax amount (if applicable)) in TRADEE TRUST Account to Seller;
    • 5.6.2.TRADEE TRUST Period (or any approved extension under 5.8) expires, in which case, unless 5.6.3 or 5.6.4 applies, TRADEE will release Buyer’s Purchase Monies (less the Seller’s proportion of the shipping fee (if applicable), the transaction fee, TRADEE commission fee and tax amount (if applicable)) in TRADEE TRUST Account to Seller;
    • 5.6.3.TRADEE determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 5.6.4 applies, TRADEE will provide a refund to Buyer, subject to and in accordance with the Cancellation, Return and Refund Policy; or
    • 5.6.4.such other time as TRADEE reasonably determines that a distribution of Buyer’s Purchase Monies (less the Seller’s proportion of the shipping fee (if applicable), the transaction fee, TRADEE commission fee and tax amount (if applicable)) is appropriate.
  29. 5.7.TRADEE TRUST is only offered to Buyer who have made payment through TRADEE Sites provided by TRADEE into TRADEE TRUST Account. Offline arrangements between Buyer and Seller will not be covered under TRADEE TRUST.
  30. 5.8.Payments made through TRADEE Sites will be held in the TRADEE TRUST Account for a specified period of time (the "TRADEE TRUST Period"). Buyer may apply for a one-time extension of TRADEE TRUST Period prior to the expiry of the applicable TRADEE TRUST Period, subject to and in accordance with the Cancellation, Return and Refund Policy. Upon Buyer’s application, TRADEE TRUST Period may be further extended in TRADEE sole discretion determines that a longer extension is appropriate or required.
  31. 5.9.Buyer and Seller acknowledge and agree that TRADEE’s decision (including any appeals) in respect of and relating to any issues concerning the TRADEE TRUST is final.
  32. 5.10.For the avoidance of doubt, any transactions not conducted on TRADEE Site will not qualify for the protection offered by TRADEE TRUST.

    33. 6.CANCELLATION, RETURN AND REFUND POLICY

  33. 6.1.Cancellation Period
    • 6.1.1.Buyer is encouraged to request cancellations promptly, before the item is handed over to third party logistic provider for delivery, as cancellations will not be possible once the purchase has entered the delivery process.
    • 6.1.2.In the event that User still wishes to cancel, he / she may initiate a return request for a refund within Buyer Confirmation Period.
    • 6.1.3.Any vouchers, discounts, or promotions used for a cancelled order will not be valid or reissued for subsequent orders.
    • 6.1.4.Shipping fees will not be refunded.
    • 6.1.5.TRADEE does not charge cancellation fees. If payment has been made, a full refund will be processed upon a successful cancellation request.
  34. 6.2.Return and Refund Period:
    • 6.2.1.The Buyer confirmation period is three (3) calendar days from the date of receiving the product ("Buyer Confirmation Period")
    • 6.2.2.This period is extendable for an additional four (4) calendar days upon request. Period may be further extended in TRADEE sole discretion which determines that a longer extension is appropriate or required.
    • 6.2.3.During this period, Buyer can initiate a return and refund request.
  35. 6.3.Return and Refund Eligibility
    • 6.3.1.To be eligible for a return and refund, the item must be unused, in the same condition that you received it, and in the original packaging.
    • 6.3.2.Buyer may only apply for the refund and/or return of the item in the following circumstances:
    • 6.3.2.1.The item has not been received by Buyer;
    • 6.3.2.2.The item received is incomplete (missing quantity or accessories);
    • 6.3.2.3.Seller has delivered an item that does not match the agreed specification to Buyer;
    • 6.3.2.4.The item delivered to Buyer is materially different from the description provided by Seller in the listing of the item; 
    • 6.3.2.5.The item received is a counterfeit item;
    • 6.3.2.6.The item received was defective and/or damaged (e.g. deformed, swollen, shattered); and/or not as advertised.
    • 6.3.2.7.The item, limited to Functional Grading Goods, received is faulty (e.g. malfunction, does not work as intended).
  36. 6.4.Initiating a Return and Refund:
    • 6.4.1.To initiate a return and refund request, please contact our customer service team at [[email protected]/03-23335883].
    • 6.4.2.Provide your order number, details of the item(s) you wish to return, and the reason for the return.
  37. 6.5.Return Process:
    • 6.5.1.Once your return request is approved, we will provide you with instructions on how to return the item.
    • 6.5.2.Please ensure that the item is securely packaged to prevent damage during transit.
  38. 6.6.Refund Process:
    • 6.6.1.Refunds will be processed once the returned item is received and inspected.
    • 6.6.2.If the return is approved, a refund will be issued to your original method of payment.
    • 6.6.3.Please allow fourteen (14) calendar days for the refund to be processed and reflect in your account.
  39. 6.7.Rights Waiver:
    • 6.7.1.After the Buyer Confirmation Period and any approved extension, rights to return and refund shall be waived.
    • 6.7.2.Buyers may, upon liaising with the Seller and customer service as a mediator, resolve any issues that arise after this period.
  40. 6.8.Dispute Resolution
    • 6.8.1.In the event of any dispute arising between Users (Buyer and Seller) on TRADEE Sites, TRADEE shall serve as the designated mediator to facilitate resolution. Each party involved in the dispute will be given a period of seven (7) calendar days from the lodge of dispute complaint to present relevant information and evidence to TRADEE. This information will be used to assist in reaching a fair and impartial decision.
    • 6.8.2.TRADEE's role as a mediator is to facilitate communication and understanding between the parties involved. While TRADEE will make every effort to assist in resolving the dispute, the final decision will be made based on the information provided by the involved parties within the specified timeframe.
    • 6.8.3.Users acknowledge and agree that TRADEE’s decision is final, conclusive and binding, and covenants and agrees that it will not bring suit or otherwise assert any claim against TRADEE in relation to such decision.
    • 6.8.4.In the event where Buyer has commenced legal action against Seller, Buyer may provide the formal notification from the appropriate authority to TRADEE to request TRADEE to continue to hold the Buyer Purchase Monies until a formal determination is available. TRADEE will, at its sole and absolute discretion, determine whether it is necessary to continue to hold such purchase monies.

    7.TRADE IN SERVICES

  41. 7.1.At TRADEE, we offer User the opportunity to trade in their goods to receive token, which can be used to purchase goods and/or redeem Rewards from TRADEE and Seller on TRADEE Sites ("TRADEE Token"), based on the rate determined by TRADEE in its sole discretion. Generally, TRADEE Token will be credited to a User’s Account upon the completion of a successful trade in transaction.
  42. 7.2.By participating in the trade in program, User agrees to the following terms.
    • 7.2.1.User self-declaration on goods ownership: When trading in goods, User declares that he/she is the rightful and legal owner of the goods they wish to trade. User confirms that the goods he / she is trading do not infringe upon any third-party rights, including but not limited to intellectual property rights, and that they have full legal authority to sell the goods.
    • 7.2.2.Determination of rate of token regarding trade in: The rate of TRADEE Token earned through the trade in program will be determined based on various factors, including but not limited to the condition, age, and market value of the traded goods, as well as current market demand. TRADEE reserves the right to adjust the credit rates at its discretion without prior notice.
    • 7.2.3.Usage of Tokens: TRADEE Token earned through the trade in program shall be used exclusively on TRADEE Sites to purchase goods and/or redeem Rewards from TRADEE and/or Seller. TRADEE Token shall not be redeemed for cash, transferred to other users, or used outside the TRADEE Sites.
  43. 7.3.TRADEE reserves the right to inspect and verify the condition of the traded goods. In the event the condition of the goods does not match the User's declaration, TRADEE may refuse and / or adjust the TRADEE Token offer.
  44. 7.4.User is responsible for providing accurate and truthful information about the goods they wish to trade. Any attempt to trade in stolen, counterfeit, or misrepresented goods will result in account suspension and legal action, if necessary.
  45. 7.5.TRADEE retains the right to refuse any trade at its sole discretion. If a trade is refused, the User will be notified with the reasons for the refusal.
  46. 7.6.User acknowledges and agrees that TRADEE’s decision concerning this trade in program is final, conclusive and binding, and covenants and agrees that it will not bring suit or otherwise assert any claim against TRADEE in relation to such decision.
  47. 7.7.TRADEE Tokens credited to Buyer cannot be transferred or redeemed for cash by Buyer.

    48. 8.GOODS RECYCLING SERVICES

  48. 8.1.At TRADEE, we offer Users the opportunity to recycle in their goods in exchange for TRADEE Token, which can be used to purchase goods and/or redeem Rewards from TRADEE and Seller on TRADEE Sites based on the rate determined by TRADEE in its sole discretion. Generally, TRADEE Token will be credited to a User’s Account upon the completion of a successful trade in transaction.
  49. 8.2.TRADEE Tokens credited to Buyer cannot be transferred or redeemed for cash by Buyer.
  50. 8.3.Goods Collection Process:
    • 8.3.1.Users interested in recycling their recyclable goods can request a pickup through the TRADEE Sites.
    • 8.3.2.Users will be required to provide necessary information, including their address and contact details, to schedule the goods collection.
    • 8.3.3.Third party goods collection providers will pick up the recyclable goods from the provided location at the scheduled time.
    • 8.3.4.Users are responsible for ensuring that the goods to be collected are recyclable and safe for handling. Any hazardous materials or items not suitable for recycling will not be accepted.
  51. 8.4.Privacy and Data Protection:
  52. 8.4.1.User information provided for the goods collection service will be handled in accordance with our privacy policy. We are committed to protecting User privacy and ensuring the confidentiality of their personal information.
  53. 8.4.2.User data will be used solely for the purpose of coordinating the goods collection service and will not be shared with third parties without explicit consent, except as required by law.
  54. 8.5.User Responsibility:
    • 8.5.1.Users are responsible for segregating recyclable goods from non-recyclable goods and ensuring that the goods materials are free from contaminants.
    • 8.5.2.Users must follow local regulations and guidelines for goods disposal and recycling. Any violations of applicable laws will be the User's responsibility.

    9.TRADEE TOKEN REWARD SYSTEM

  55. 9.1.TRADEE offers a loyalty program designed exclusively for User. User may earn TRADEE Token by buying goods on TRADEE Site or through participation in other TRADEE program as TRADEE may from time to time determine including but not limited to trade in program and goods recycling program ("Eligible Activities") based on the rate determined by TRADEE in its sole discretion. Generally, TRADEE Token will be credited to a User’s Account upon the completion of a successful transaction or activity approved by TRADEE.
  56. 9.2.Transaction not completed on TRADEE Site do not qualify for the TRADEE token reward system. TRADEE may at its sole discretion exclude categories of goods from the TRADEE token reward system.
  57. 9.3.TRADEE Token credited to Buyer cannot be transferred or redeemed for cash by Buyer.
  58. 9.4.Subject to TRADEE rules and regulation as determined, varied or modified by TRADEE from time to time, subject to any cap imposed by TRADEE at its sole discretion, User may redeem TRADEE Token by sending a request to TRADEE and use TRADEE Token to offset the purchase price of selected goods when making purchases on the TRADEE Site as advised by TRADEE from time to time.
  59. 9.5.From time to time, we may tell you that bonus TRADEE Token will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make at participating Seller or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.
  60. 9.6.If you have a dispute in relation to the number of TRADEE Token which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) calendar month from the date of the Eligible Activity. We may require you to provide evidence to support your claim.
  61. 9.7.TRADEE Token are non-transferable and cannot be bought, sold, or traded under any circumstances. Tokens do not possess value or serve as exchangeable instruments in any context.

    62. 10.INTELLECTUAL PROPERTY OWNERSHIP

  62. 10.1.TRADEE and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to TRADEE Sites and by extension, the Service including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Service (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Mark') (collectively known as "Intellectual Property Rights").
  63. 10.2.TRADEE and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the TRADEE Sites to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by TRADEE and/or its licensors.
  64. 10.3.You shall not:
    • 10.3.1.license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party TRADEE Sites in any way without prior consent from TRADEE;
    • 10.3.2.modify or make derivative works based on TRADEE Sites;
    • 10.3.3.mirror or frame the TRADEE Sites or any portion thereof;
    • 10.3.4.attempt to gain unauthorized access to or impair any aspect of TRADEE Sites, or its related systems or networks;
    • 10.3.5.disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
    • 10.3.6.impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
    • 10.3.7.post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
    • 10.3.8.remove any copyright, trademark or other proprietary rights notices contained on TRADEE Sites; or
    • 10.3.9.use the TRADEE Sites to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the TRADEE Sites or the data contained therein; (e) attempt to gain unauthorized access to the TRADEE Sites or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
  65. 10.4.If you wish to make any use of the Intellectual Property Rights other than as set out in this section or elsewhere in our Terms, please address your request to: [email protected] If we ever grant you the permission to post, reproduce, or publicly display any part of our Intellectual Property Rights, you must identify us as the owners and/or licensors of the Intellectual Property Rights and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
  66. 10.5.Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Service will terminate immediately.
  67. 10.6.By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Service ('Submission'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
  68. 10.7.The Service may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Service, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contribution'). Any Submission that is publicly posted shall also be treated as a Contribution.
  69. 10.8.By posting any Contribution, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contribution (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contribution, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.
  70. 10.9.This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
  71. 10.10.Users must ensure their Submission and Contribution comply with the platform's guidelines, avoiding illegal, harmful, or misleading content. They waive moral rights, confirm originality and proper licensing, and warrant that such Submission and/or Contribution do not constitute of any confidential information.
  72. 10.11.Users are responsible for their Submission and Contribution and agree to reimburse TRADEE for losses due to rule, intellectual property, or legal violations.
  73. 10.12.We shall have the right to remove or edit any Submission and/or Contribution at any time without notice if in our reasonable opinion we consider such Submission and/or Contribution harmful or in breach of Terms. If we remove or edit any such Contribution, we may also suspend or disable your account and report you to the authorities.
  74. 10.13.We respect the intellectual property rights of others. If you believe that any material available on or through the Service infringes upon any copyright you own or control, please immediately address your concern to: [email protected]

    75. 11.THIRD PARTY HYPERLINKS AND COMMUNICATIONS

    • 11.1.We may include links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third party (Third Party Content). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
    • 11.2.You agree and allow TRADEE to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis.
    • 11.3.TRADEE may utilize third-party advertising and marketing to subsidize the Service and generate additional revenue. By using the Service, Users consent to receive such advertising and marketing content. If Users prefer not to receive such content, they can refer to our privacy policy for instructions on how to unsubscribe or update their privacy settings.
    • 11.4.Users acknowledge their responsibility to exercise caution in all interactions with third parties, whether through the Service or via advertising and marketing material provided by third parties through the Service.
  75. 12.RELATIONSHIP OF PARTIES
  76. 12.1.Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise with TRADEE.

    77. 13.INDEMNIFICATION

  77. 13.1.By agreeing to the Terms upon using the Service, you agree that you shall indemnify and hold TRADEE, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the TRADEE Sites in your dealings with Seller or other User (as the case may be) or (b) your violation or breach of any of the Terms, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including User arranged via the Service, and (d) your use or misuse of the Service and/or TRADEE Sites.

    78. 14.DISCLAIMER OF WARRANTIES

  78. 14.1.TRADEE Sites, its content and/or the Service are provided to you on an "as is" and "as available" basis. TRADEE makes no representations or warranties of any kind, express or implied, in connection with TRADEE Sites, the Service, and/or Terms. Although we make reasonable efforts to keep TRADEE Sites up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date. We shall not be liable for any direct, indirect, or consequent loss arising from the modifications or amendments to TRADEE Sites, the Service, and/or Terms.
  79. 14.2.You agree that the content of TRADEE Sites, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind. Reliance on any content provided on TRADEE Sites is solely at your own risk. TRADEE reserves the right to change or discontinue, at any time, any aspect or feature of TRADEE Sites.
  80. 14.3.TRADEE does not warrant and represent that it assesses or monitors the suitability, legality and ability of User including but not limited to Seller and you expressly waive and release TRADEE from any and all liability, claims or damages arising from or in any way related to the User including but not limited to Seller.
  81. 14.4.TRADEE makes no representation or warranty of any kind whatsoever, express, or implied, in respect of goods / services promoted, offered for sale, sold and provided by Seller. You agree that you shall bear all risk arising out of your use of the Service and shall have no recourse to TRADEE in respect of the same.

    82. 15.INHERENT DIFFICULTIES IN USING INTERNET AND ELECTRONIC COMMUNICATIONS

  82. 15.1.TRADEE Sites and/or the Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including but not limited to the poor resolution of images and/or videos. TRADEE is not responsible for any delays, damages or losses resulting from such problems.

    83. 16.EXCLUSION AND LIMITATION OF LIABILITY

  83. 16.1.To the maximum extent permitted by applicable law, in no event shall TRADEE be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use TRADEE Sites or the Service, including, without limitation, any damages resulting therefrom, even if TRADEE has been advised of the possibility of such damages.
  84. 16.2.You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for termination of your account and/or discontinue any use of the Service.
  85. 16.3.If, notwithstanding the previous sections, TRADEE is found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, its liability to you or to any third party is limited to the lesser of: (a) any amounts due and payable to you pursuant to the TRADEE TRUST.
  86. 16.4.Nothing in these Terms shall limit or exclude any liability for death or personal injury caused by TRADEE’s negligence, for fraud or for any other liability on the part of TRADEE that cannot be lawfully limited and/or excluded.

    87. 17.NOTICE

  87. 17.1.TRADEE may give notice through TRADEE Sites, electronic mail to your email address in the records of TRADEE, or by written communication sent by registered mail or pre-paid post to your postal address in the record of TRADEE. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to TRADEE (such notice shall be deemed given when received by TRADEE) by letter sent by courier or registered mail to TRADEE using the contact details as provided in the TRADEE Sites.

    88. 18.ASSIGNMENT

  88. 18.1.These Terms are not assignable, transferable, or to be sublicensed by you except with TRADEE’s prior written consent. TRADEE may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. Any purported assignment by you in violation of this section shall be void.

    89. 19.DISPUTE RESOLUTION

  89. 19.1.This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service and/or Solution shall be submitted to the exclusive jurisdiction of the courts exercising jurisdiction in Malaysia for any legal proceedings in connection with this Agreement.

    90. 20.SEVERABILITY

  90. 20.1.If any term of this Agreement is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining terms shall not be affected or impaired.

    91. 21.NO WAIVER

  91. 21.1.The failure of TRADEE to enforce any right or any term of this Agreement shall not constitute a waiver of such rights or terms.

    92. 22.GOVERNING LANGUAGE

  92. 22.1.By entering into this Agreement, the Parties explicitly agree that the Agreement and all related documents, including but not limited to amendments, exhibits, schedules, and attachments (collectively referred to as the "Agreement"), shall be governed by and construed in accordance with the English language.
  93. 22.2.English language shall be the sole language used in interpreting and construing the terms and conditions of this Agreement, and any ambiguity or uncertainty shall be resolved in favour of the interpretation that best reflects the original English text.
  94. 22.3.In the event of any inconsistency or discrepancy between the English version of this Agreement and any translation thereof, the English version shall prevail, and any translation or interpretation shall be secondary to the English version.

    95. 23.ENTIRE AGREEMENT

  95. 23.1.This Agreement comprises the entire agreement between you and TRADEE and supersedes any prior or contemporaneous negotiations or discussions.

    96. 24.SUSPENSION, TERMINATION AND VARIATION

  96. 24.1.TRADEE may, without notice, at any time and for any reason, modify, suspend, or terminate your access to and use of the TRADEE Sites, or any portion of the TRADEE Sites (including but not limited to access to your account and/or the availability of the Service).
  97. 24.2.TRADEE may, without notice, at any time and for any reason, interrupt the operation of the Application or any portion of the Application (including access to your account and/or the availability of the Service), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
  98. 24.3.TRADEE may, without notice, at any time and for any reason, modify or change any applicable TRADEE Policies.
  99. 24.4.Upon termination of your account, TRADEE will have no further obligation to provide you with access to TRADEE Sites. TRADEE shall not be required to compensate you for any suspension, termination and/or variation.

    100. 25.NO THIRD PARTY RIGHTS

  100. 25.1.This Agreement does not give rights to any third parties who are not party to this Agreement.