- Flagship Stores
- Promotions
The Terms of Use herein contained governing the use of the website of www.appasia.com (“AppAsia Marketplace”) which shall apply to all users, whether registered or unregistered users of AppAsia Marketplace.
AppAsia Marketplace is operated and wholly owned by AppAsia International Sdn Bhd (Company No. 1124363-T), a company incorporated in Malaysia and having its registered address at 1-1-40, Menara Bangkok Bank, Berjaya Central Park, No. 105 Jalan Ampang, 50450 Kuala Lumpur, Malaysia (“AppAsia International”).
1. General Terms and Conditions of Use:
1.1 Anyone who visits and/or browses and/or maintains a user account with AppAsia Marketplace shall be the user of the AppAsia Marketplace (“the User”).
1.2 By visiting and/or browsing and/or using and/or maintaining a user account with AppAsia Marketplace, the User agrees to be bound by the Terms and Conditions of Use herein contained ("Terms and Conditions") and further agrees, acknowledges and understands that all supplements, amendments and variations shall collectively constitute contract between you and AppAsia International ("the Agreement") which shall also apply to the purchase of any product/service as posted/published on the AppAsia Marketplace (“the Products”). AppAsia International reserves the right to change, modify, add, or remove portions of the Terms and Conditions from time to time without any prior notice to the user.
1.3 The User is required to read and/or understand and shall be deemed to have read, agreed, acknowledged and understood the contents of Privacy Policy, Cancellations and Returns Policy and Intellectual Property Rights Policy as posted/published on AppAsia Marketplace which forms the integral part of the Agreement, before the User proceed to purchase any Products at AppAsia Marketplace.
1.4 The User who wishes to open a user account on AppAsia Marketplace must be 18 years and above and shall disclose only accurate and correct information. The Parents and Guardians of any User below the age of 18 shall be deemed to have full knowledge of the account opened/maintained by a minor user and have consented to the use of such account by the minor user. The Parents and Guardians of the minor user shall assume all liability and responsibility arising from the visit and/or use and/or browse of AppAsia Marketplace, including but not limited to any sale and purchase transaction entered into between the minor user and the Merchant on AppAsia Marketplace. Any User found to be under the age of 18, may have his or her account suspended or terminated with or without notice and other actions may be taken.
1.5 The User agrees, acknowledges, understands and accepts that the AppAsia International is not an agent, employee, broker, or representative of the User. The User further agrees, acknowledge, understands and accepts that AppAsia International does not owe to the User any duties other that those herein contained and shall not be held responsible to any action, claim, liability and penalty arising from the visit and/or usage and/or browsing of AppAsia Marketplace, including but not limited to any sale and purchase transaction entered into between the User and the Merchant on AppAsia Marketplace.
1.6 The User agrees, acknowledges accepts and understands that the visit and/or usage and/or browsing of AppAsia Marketplace vide mobile applications are permitted and subject to the same Terms and Conditions.
1.7 The User agrees, acknowledges accepts and understands that AppAsia International shall not be held liable for any liability, be it a civil or a criminal liability, for the use of the User’s information by any Third Party.
1.8 The User agrees, covenants and undertakes not to interfere with the normal functions of AppAsia Marketplace and shall not distribute spam, chain mail, pyramid schemes, viruses or any other information or technology deemed inappropriate to AppAsia International on/through AppAsia Marketplace. AppAsia International is entitled to take any necessary action to stop the User from misusing AppAsia Marketplace for wrongful and illegal purpose including but not limited to suspending and/or blocking the usage the user account and/or to refer the matter to the relevant authorities and/or to seek relief from a court of competent jurisdiction
1.9 The User agrees and undertakes not to collect and/or retain and/or extract any information about other users from AppAsia Marketplace, including but not limited to e-mail addresses of other users, without the consent of the other users and AppAsia International.
2. Price, Payment and Defective Goods
2.1 The User expressly agrees, acknowledges, accepts and understands that unless otherwise expressly stated on AppAsia Marketplace, the price for each of the Products shall include Goods and Services Tax (GST). The User shall be responsible for payment of all sales, use, excise, business, and other taxes, any other taxes which may be imposed on the Products purchased from AppAsia Marketplace.
2.2 The User expressly agrees, acknowledges, accepts and understands that the payment for the Products that he/she intends to purchase from AppAsia Marketplace shall be made payable to AppAsia International Sdn Bhd which are appointed by AppAsia International to collect payment on their behalf (App Asia Collection Agent).
2.3 The User shall render his/her full cooperation to acknowledge receipt of the Products as ordered and delivered to the User.
2.4 In the event of any return of Products by the User due to defective, damaged, wrong item or missing part (“the Returned Product”), the User shall within seven (7) days from the date of its receipt of the Returned Product, lodge a complaint/report on AppAsia Marketplace and to return the Returned Goods to AppAsia International. The Merchant shall within seven (7) days from the date of receipt of such complaint/report as reflected on AppAsia Marketplace replace and deliver the replacement Products to the User at its own costs and expense and thereafter to post/publish such confirmation of delivery and receipt of the replacement Product by the User on AppAsia Marketplace. Any complaint/report in respect of the quality of the Products that are submitted and/or any Returned Product that are returned after the aforementioned seven (7) days will not be entertained and honoured thereafter.
2.5 In the event of unavailability of any of the replacement of the Returned Product in which instance, the User will be accorded with two (2) options, namely:-
(i) to wait for the Merchant to obtain replacement of stock for a period as may be agreed between the Merchant and the Buyer which in any event shall not be more than fourteen (14) days ;
Or
(ii) to rescind the contract of sale wherefore the purchase price paid by the Buyer less the relevant administrative charges imposed by the payment gateway and the delivery facility shall be refunded to the Buyer in the form of “AppAsia Marketplace Credit” which may be used by the User in the next purchase on the AppAsia Marketplace.
2.6 In the event for some unforeseen reasons, the Merchant is still unable to deliver the replacement Products to the User within the aforesaid fourteen (14) days period, the Merchant shall allow the User to rescind the sale or to enter into any other arrangement as may be agreed between the Merchant and the User subject always that such arrangement must be made known by the Merchant to AppAsia International as soon as practical.
3. Manufacturer's Warranty
3.1 The User agrees, acknowledges, accepts and understands that the User shall deal directly with the Merchant/manufacturer on any issue of warranty in respect of the Products purchased from any Merchant on AppAsia Marketplace.
3.2 The User agrees, acknowledges, accepts and understands that AppAsia International shall not be held responsible to any liability for damage, loss and/or expense to the fullest extent contemplated under the law including but not limited to any damage caused by:
(i) The misuse or use of the Products in any manner or its use in any unreasonable manner;
(ii) Normal wear and tear of the Products purchased; and
(iii) Wilful or negligent damage to the Products purchased.
4. Products description and specific terms
4.1 The User agrees, acknowledges, aware and understands that each of the Products to be sold by any of the Merchant on Appasia Marketplace contains specific terms including but not limited to explanatory sentences, graphics, videos and other information such as certificates issued by the relevant authorities.
4.2 The User is deemed to have read and fully aware of the specific terms of each Products and the effects of the same before he/she enter into any sale and purchase transaction with the Merchant on AppAsia Marketplace.
4.3 AppAsia International shall not be held liable/responsible to any misrepresentation, inaccurate information and/or explanation in respect of the Products as detailed, displayed, posted/published on AppAsia Marketplace.
5. Processing User Personal Data
5.1 Upon signing up a user account, the User agrees, acknowledges, accepts and understands that he/she shall disclose his/her personal data (“ the User’s Data”) and thereby agrees to grant his/her consent to AppAsia International to process the information disclosed by the User in any manner as AppAsia International deems fit and appropriate.
5.2 The User agrees and authorizes AppAsia International to share the User’s Data and any information gathered by AppAsia International on AppAsia Marketplace to its subsidiary, its authorized agents, affiliates, suppliers, and service companies that provides support to the AppAsia Marketplace and any related parties in accordance with the applicable laws in place from time to time.
5.3 AppAsia International is authorized by the User to use the User’s Data collected on AppAsia Marketplace to deliver to the User the advertisement, information for promotional and offers Products to the User's e-mail address and other appropriate mode of communication of the User.
5.4 The User agrees, acknowledges, accepts and understands that the User’s Data may be accessed by unauthorized third parties and AppAsia International shall not be held responsible for any loss or damage suffered by the User arising from the unauthorized access of the User’s Data by any third party.
6. Intellectual Property
6.1 All the contents, materials, documents including but not limited to trademarks/service marks, logos in relation to AppAsia International on AppAsia Marketplace are wholly owned by AppAsia International.
6.2 The User who has posted, published uploaded any proprietary information on AppAsia Marketplace is deemed to have consented to the use of the User’s proprietary information on AppAsia Marketplace by AppAsia International, its subsidiary, its authorized agents, affiliates, suppliers, and service companies that provides support to AppAsia Marketplace. AppAsia International has the exclusive right to use anything posted by the User on AppAsia Marketplace in any way it deems appropriate on AppAsia Marketplace. This includes allowing or prohibiting the use of the posted information, including distribution, translation and adaptation, inclusion in compilations or databases, or communication to the public.
6.3 AppAsia International may resort to any available legal remedies, which may include a demand for actual or statutory damages, legal fees, and an injunctive relief in the event of a breach of the intellectual property rights of AppAsia International by the User/the Merchant.
7. Rights and discretion of AppAsia International
7.1 AppAsia International may block, suspend, close or cancel any sale or promotion and/or the system of AppAsia Marketplace without prior notice to the User:-
(i) upon the expiry of any promotional session.
(ii) due to inspection, repair, maintenance or improvements of the System;
(iii) due to failure of any computers or telecommunications lines; and
(iv) due to any technical and/or unforeseen circumstances.
Where a sale or promotion cannot be restored, the sole remedy available to the User shall be the reimbursement of the payment made by the User when purchasing on AppAsia Marketplace by AppAsia International in the form of “AppAsia Marketplace Credit” which may be used by the User in the next purchase on the AppAsia Marketplace.
7.2 AppAsia International may suspend and/or close any user account which has been remained dormant and/or inactive for more than 12 months.
7.3 AppAsia International shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill expenses incurred or suffered by the User by reason of or in connection with the following:-
(i) Any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of AppAsia International;
(ii) Interference by computer virus, corrupted data, malfunctions;
(iii) Failure or delay due to causes beyond the control of AppAsia International including causes such as strikes, industrial action, civil disturbances, flood, earthquake, landslides or Acts of God or computer, electronic, communications or electrical systems failures of any nature whatsoever, breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time;
(iv) Any operation malfunctions or defects of the User's computer terminal, systems or software used in accessing the AppAsia Marketplace;
(v) Any access, use or inability to access or use AppAsia Marketplace and/or any other website linked to AppAsia Marketplace.
7.4 AppAsia International reserves the right to investigate and take legal action against any User of AppAsia Marketplace that are suspected to have caused the service breakdown while using AppAsia Marketplace.
7.5 AppAsia International reserves the right to remove or edit any materials or contents displayed on AppAsia Marketplace of a Merchant and/or to suspend or cancel any of the Merchant’s sale transaction at the sole discretion of AppAsia International.
8. No duty/responsibility to the User
8.1 The User agrees, acknowledges, understands and accepts that AppAsia International is only providing a platform to the Merchant to auction/distribute/market/provide/promote/sell the respective Products of the Merchant to the User. AppAsia International shall not be held liable for any loss, injury, illness, damage, claims, liability and costs suffered by the User arising from the sale transaction or any transaction related thereto between a Merchant and the User.
9. Amendment of Terms and Conditions
9.1 AppAsia International may from time to time add or amend any Terms and Conditions herein contained without due notice to the User.
9.2 The User is deemed to have agreed, acknowledged, accepted and understood the amendments and/or additions and/or variations and/or supplements posted/published or to be published on AppAsia Marketplace by AppAsia International from time to time by continuously visiting and/or browsing and/or using and/or maintaining a user account on/with AppAsia Marketplace.
10. Service Termination
10.1 The User may terminate the use of AppAsia Marketplace and close the User account. However, any contractual obligations incurred before the termination of the account shall remain in full force and effect until the User completely discharges them by paying for any outstanding purchases and any applicable taxes or delivery charges.
10.2 AppAsia International reserves the right to block and/or prevent the User from using AppAsia Marketplace and the User's account at any time without notice and without any obligation to give any reasons therefore or if, in its sole discretion, it determines that the User has engaged in any prohibited or unacceptable conduct and/or unlawful activity including but not limited to contravention of these Terms and Conditions hereof.
11. Indemnity
11.1 The User agrees and covenants to fully indemnify AppAsia International against any and/or all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, incurred by AppAsia International in respect of any of the User's unlawful activities, communication, act and/or omission in any way relating to or arising out of the negligence of or misconduct of or breach of or any omission, delay or failure of the User's obligations under the Terms and Conditions herein.
11.2 The User further agrees that AppAsia International shall not be liable to the User for and with respect to any third party claim and the User shall indemnify AppAsia International from any liability claim, loss, damage or expense of any kind relating to or arising out of third party rights thereof.
11.3. This indemnity by the User herein shall survive the termination of the User account or the blockage or prevention of the use/access to AppAsia Marketplace.
12. Restrictions
12.1 AppAsia International reserves the right to restrict conduct and/or take measures against conduct, which AppAsia International shall in its sole discretion deems to be harmful, unacceptable or offensive to other users for any reason or no reason whatsoever or adversely affects administration of AppAsia International or the use of its software in any manner whatsoever.
12.2 In no event shall AppAsia be liable for any special, incidental, indirect or consequential or punitive damages of any kind, whether in contract, tort, strict liability including without limitation, those resulting from:
12.2.1 reliance on the materials presented;
12.2.2 costs of replacement Products;
12.2.3 loss of use, data or profits;
12.2.4 delays or business interruptions; and
12.2.5 any theory of liability, out of or arising in connection with the use of, inability or to use this website.
13. Disclaimer
13.1 Notwithstanding the information, materials and contents on AppAsia Marketplace and/or web links on AppAsia Marketplace ("the Contents"), the User agrees that the Contents herein is provided on an "as is" basis and are of a general nature. The User shall seek independent legal advice, or other advice as the User shall deem necessary before visiting and/or browsing and/or using and/or maintaining a user account on/with AppAsia Marketplace .
13.2 AppAsia International, its subsidiary, its authorized agents, affiliates, suppliers, and service companies that provides support to AppAsia Marketplace and any related parties hereby disclaim any express or implied warranty or representation including but not limited to conditions of merchantability, warranties of title, non-infringement of intellectual property rights, usefulness, accuracy, quality or fitness for the purpose of this Agreement or Sales transacted on AppAsia Marketplace.
13.3 AppAsia International does not warrant or represent that access to AppAsia Marketplace, the materials, contents, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delay, failures, errors or loss of transmitted information, that no viruses, or other contaminating or destructive properties shall be transmitted or that no damage shall occur to the User's computer system.
14. Waiver
14.1 Any delay by AppAsia International in exercising any right under terms herein contained shall not 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 AppAsia International’s rights under the Terms and Conditions herein.
15. Severability
15.1 Any terms, conditions, stipulations, provisions, covenants or undertaking herein contained which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other terms, conditions, stipulations, provisions, covenants or undertaking contained herein.
16. Assignment
16.1 The User shall not assign, transfer, novate, create any trust over or deal in any other manner any of User’s rights, obligations, covenants, undertaking and any other relevant rights governed by the Terms and Conditions herein.
17. Relationship
17.1 Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between User and AppAsia International.
18. Third Party Rights
18.1 No person who is not a party to the terms herein contained shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to the terms herein contained its assent to any such term.
19. Law and Jurisdiction
19.1 The use/access to AppAsia Marketplace and the Terms and Conditions herein contained shall be governed and construed in accordance with the laws of Malaysia and the User hereby agree to submit to the Kuala Lumpur Regional Centre for Arbitration (KLRCA) for arbitration in Malaysia according to its arbitration rule in effect at the time of the notice of arbitration notwithstanding that AppAsia Marketplace may be accessed by the User in other jurisdiction other than in Malaysia.
19.2 The User hereby agrees that the User shall comply strictly with all the laws applicable to the User in the User's jurisdiction in respect of the use of AppAsia Marketplace.
