Welcome to Shoppertise. This website and online service is owned and operated by Shoppertise Sdn. Bhd., under business registration number of 1064096-H. The terms "Shoppertise Sdn. Bhd." or "we" or "us" refers to Shoppertise Sdn. Bhd.'s online and/or mobile services, website, and software provided on or in connection with Shoppertise (collectively the "Service"), while the term "you" refers to the user or viewer of this website. By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms and Conditions (the "Terms"), whether or not you are a registered user of our Service.
We reserve the right to modify or replace any part of this Terms. It is your responsibility to check this Terms periodically for changes. If we substantively amend this Terms, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change takes effect constitutes your acceptance of the new Terms and Conditions. We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Terms.
Please read this Terms carefully before accessing or using the Service. If you do not agree to any of these terms of any future Terms and Conditions, your only remedy shall be to not use or access (or continue to access) the Service. This Terms applies to all visitors, users, and others who access the Service ("Users").
We strongly advise that any unauthorized use of our website may be claimed as a criminal offence. These may include the content, layout, outlook, design, graphics and appearance. You may print or download our content only for your personal use and commercial use is utterly prohibited. We strictly prohibit any party that uses our property for commercial purposes without our permission. Any other website that includes photos or information from our website may be as a reference for your convenience to provide further information. We are not responsible with any website that modified content of our website. However, we are not responsible for the content of these websites, unless we are given the consent to them and we will specify them in our website.
If you are under 18, your parent or guardian must enter into this Terms on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Terms. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at firstname.lastname@example.org. The Service is not available to any Users previously removed from the Service by Shoppertise. Shoppertise reserves all rights not expressly granted under this Terms. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Terms, is void.
- Shoppertise is a marketplace
We act as a venue to allow users who comply with Shoppertise's policies to offer, sell and buy certain goods within a fixed-price format. We are not directly involved in the transaction between customers and merchants. As a result, we have no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of merchants to sell items or the ability of merchants to pay for items. We do not pre-screen users or the content or information provided by users. We cannot ensure that a customer or merchants will actually complete a transaction.
- Shoppertise accounts
You do not need to create an account to explore our catalogue. But you must create an account to set up shop and gain access to the services and functionality that we may establish and maintain from time to time in our sole discretion.
You may never use another User's account without permission.
You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Shoppertise account.
You are responsible for keeping your password secure. Shoppertise cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You must notify Shoppertise immediately of any breach of security or unauthorised use of your account. Shoppertise will not be liable for any losses caused by any unauthorised use of your account.
- Payment of Fees
For every successful sale, Shoppertise charges a total of 10% commission - with 7% being services fee (Shoppertise) and 3% being transaction fee, channeled to the payment provider (MOLPay).
The 7% Services Fee is taken off the Item Price, and the 3% Transaction Fee is taken off the Subtotal (Item Price + Postage Fee).
Therefore, for every successful sale:
- Merchants' Earnings / Sales
A sale cycle is deemed completed after 5 working days upon uploading a snapshot of the tracking number from your courier - in which we will calculate your total earnings / sales to be released immediately.
You are responsible to update and ensure your bank account information within "My Profile" is accurate to avoid payment delay.
- Responsibility of Merchants
If you publish an item, sell an item or otherwise make (or allow any third party to make) an item available by means of the Services (any such material, "Items"), you are entirely responsible for the Item, and any harm resulting from, that Item.
Do your best to represent and describe your products specifications and utilities through detailed descriptions and photos to your customers.
Merchants are strictly prohibited to sell banned and restricted items:
- Weapons and other related items, including, without limitation, explosives, firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons
- Fireworks & hazardous materials
- Miracle cures, pharmaceutical products, drugs, drug paraphernalia & drug test circumvention aids, narcotics or steroids
- Items that are considered obscene, pornography, adult content, escort services & sexually oriented materials or services
- Human remains and body parts
- Fraudulent, counterfeit, stolen, unauthorized replicas, copies of items or infringing items
- Items or downloads infringe or violate copyright, patent, trademark, trade secret, rights of publicity or privacy or any other proprietary rights under the laws of any jurisdiction and file sharing services
- Items encouraging illegal activity
- Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes
- Pyramid or ponzi scheme, matrix program & other "Get Rich Quick" schemes and investment schemes
- Currency & forex
- Gold bar
- Associated with the sale of traveler's checks or money orders
- Associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card
- Payment aggregator
- Check cashing businesses
- Provide certain credit repair or debt settlement services, credit transactions or insurance activities
- Involve rebate-based and up-selling business
- Tobacco and alcohol
- Time sharing
- Items promote hatred, racism, religious persecution or contain offensive content
- Digital files that you do not own or have all necessary rights or license to store, display, perform, copy and distribute
- Unlicensed and licensed multi-level marketing
- Buyers club / Membership clubs
By publishing an item to Shoppertise and listing it in the publish directory you grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your item. If you delete content, Shoppertise will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the content may not be made immediately unavailable.
- Responsibility of Consumers
Shoppertise may, but has no obligation to, remove Item and/or Account containing Item that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intelectual property or this Terms.
Shoppertise does not warrant that the quality of any Items, services, information, or other material purchased or obtained by you through the Site will meet your expectations, or that any errors in the Site will be corrected.
We do our best to represent and describe our Items specifications and utilities through detailed descriptions and photos to you. However, the colours shown on our site may be different on your computer due to the colour reproduction on different computer devices.
You expressly understand and agree that Shoppertise shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Site.
You will receive a confirmation SMS / email within 24 hours after you confirm to make an order with us. If your order is made with a number of different shops, this would mean that your Items will arrive at different times but we will always try our best to deliver all your Items at the same time.
It is your responsibility to fill in your personal information correctly and accurately on the Checkout page. These include your name, delivery address and telephone number. We are not responsible for any inappropriate information that causes delivery to fail. Merchants hold the right to charge you extra delivery costs with any complications raised when delivering the Items.
When you confirm to make an order with us, it acknowledges that you have confirmed and agreed with the size of the Items.
- Payment methods
You can make a payment via online bank transfer for all major banks (Maybank, Public Bank, CIMB, Bank Islam, Hong Leong Bank, Alliance Bank, Ambank, and RHB) via MOLPay. All prices are in Malaysian Ringgit (RM). All of the Items listed in our Shoppertise's catalogue does not include tax and delivery charges.
Delivery lead-time varies for different Items ordered. An on-stock Item normally will be dispatched within 3 days after your order has been confirmed. You shall receive your Item within 5 working days.
For our order-to-make Items, the delivery time depends on the level of complication. Normally it should take no longer than 14 weeks time.
Please note that Saturdays, Sundays, Public Holidays are not counted in as a working day. We are not responsible with any circumstances that are unforeseeable from our control, such as flood, fire, storm, accidents, etc.
- Service Rules
You agree not to engage in any of the following prohibited activities in connection with the Service:
- copying, distributing, or disclosing any part of the Service in any medium
- using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Shoppertise servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that, subject to the privacy settings of our Users, Shoppertise grants the operators of public search engines revocable permission to use spiders to copy materials from Shoppertise for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Service;
- collecting or harvesting any personally identifiable information, including acount names, from the Service;
- using the Service for any commercial purposes;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Service;
- accessing any content on the Service through any technology or means other than those provided or authorised by the Service;
- bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service of the content therein, or
- decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Shoppertise, for any reason or for no reason, including if in our sole determination you violate any provision of this Terms. Upon termination of this Terms or your access to the Service for any reason or no reason, you will continue to be bound by this Terms which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your interactions with other Shoppertise Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Shoppertise shall have no liability for your interactions with other Users, or for any User's action or inaction.
- Content posted on other services
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Shoppertise.com links, that link to Shoppertise.com, or on which Shoppertise items are embed. Shoppertise does not have any control over those non-Shoppertise websites and webpages, and is not responsible for their contents or their use. By linking to a non-Shoppertise website or webpage, Shoppertise does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Shoppertise disclaims any responsibility for any harm resulting from your use of non-Shoppertise websites and webpages.
- Intellectual property
This Terms does not transfer from Shoppertise to you any Shoppertise or third party intellectual property, and all rights, title and interest in and to such property will remain with Shoppertise Sdn. Bhd. Your use of the Services grants you no right or license to reproduce or otherwise use any Shoppertise or third-party trademarks.
By uploading images and item description content to Shoppertise, you agree to allow other internet users to view them and you agree to allow Shoppertise to display and store them and you agree that Shoppertise can, at any time, review all the content submitted by you to its Service.
You retain ownership over all content that you submit to Shoppertise however, by making your store public, you agree to allow others to view your content.
We will not disclose your confidential information to third parties, except as required in the course of providing our Services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that:
- was in the public domain at the time we received it,
- comes into the public domain after we received it through no fault of ours,
- we received from someone other than you without breach of our or their confidentiality obligations, or
- we are required by law to disclose.
Shoppertise reserves the right to display advertisements on your Account and throughout the Service.
- Termination / Account Cancellation
Shoppertise may terminate your access to all or any part of the Services at any time, any reason, with or without notice, effective immediately.
You may cancel your Account at any time by emailing email@example.com. Once your Account is cancelled, all of your Items will be immediately deleted from the Site. Since deletion of all data is final please be sure that you do in fact want to cancel your Account before doing so.
We reserve the right to modify or terminate the Shoppertise service for any reason, without notice at any time. We shall not be liable to you or to any third party for any modification, fees change, suspension or discontinuance of the Service.
Without limiting any other remedies, Shoppertise may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have breached or violated any Terms as determined in the sole discretion of Shoppertise.
- Shoppertise Rights
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Shoppertise employees and contractors may also be Shoppertise customers/ merchants and that they may compete with you, although they may not use your confidential information in doing so.
- Disclaimer of warranties
The Services are provided "as is". Shoppertise and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Shoppertise nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted.
- Limitation of liability
You expressly understand and agree that Shoppertise shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
In no event shall Shoppertise or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Site, our Services or this Terms (however arising including negligence).
You agree to indemnify and hold harmless Shoppertise, its contractors, and its licensors, and their respective directors, officers, employees, partners and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to your violation of this Terms.
- Dispute resolution
In the event a dispute arises between you and Shoppertise, please contact Shoppertise. Should you have a dispute with one or more users, or an outside party, you release Shoppertise (and Shoppertise's officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Shoppertise encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Shoppertise, for the benefit of users, may try to help users resolve disputes. Shoppertise does so in Shoppertise's sole discretion, and Shoppertise has no obligation to resolve disputes between users or between users and outside parties. To the extent that Shoppertise attempts to resolve a dispute, Shoppertise will do so in good faith based solely on Shoppertise's policies. Shoppertise will not make judgements regarding legal issues or claims.
This Terms constitutes the entire agreement between Shoppertise and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Shoppertise, or by the posting by Shoppertise of a revised version. Except to the extent applicable law, if any, provides otherwise, this Terms, any access to or use of the Site will be governed by the laws of the Malaysia.
- Change log
None to date.