AGREEMENT TO BUYER
Last updated October 10, 2020
1.0 Who We Are
Welcome to the Sharkbate platform (the "Site").The www.sharbate.com.my site and the app is managed by Sharkbate Sdn.Bhd.(“we”,”us”,”our”,or “Sharkbate”). Please read the following Terms of Service carefully before using this Platform (Site) or register a Sharkbate account ("Account") so that you are aware of your legal rights and obligations with respect to Sharkbate Sdn Bhd (Company Registration No. 1363562-K). If you do not agree to be bound by these terms,you may not access or use any part of the Site.These Terms constitute a binding legal agreement between you as an individual buyer (“you”or “your”or”user”) and Sharkbate.You must be at least eighteen (18) years old to use the Site.
Please note that we may change,modify,add and delete these terms at any time where this is necessary to comply with any law or regulation binding on us or to reflect a change to our operation practices,provided that we will use reasonable endeavours to provide notice of changes on the Site.Please check these terms and condition to ensure that you have review the current or latest version before use.By continuing to use any part of the Site after such changes to these terms,you agree and consent to the changes.
Through the Site,Sharkbate provides an online platform where you can browse different type of product / services. Buyer can order/purchase the goods/services provided by Seller(“Merchant”) on the Site.Sharkbate is an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Merchant”).The actual contract for sale/service is directly between Buyer and Merchant and Sharkbate 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 merchant and buyer, the listing of goods, warranty of purchase and the like. Sharkbate is not involved in the transaction between Buyer and Merchant.
Although we will use our expertise with caution in performing the services,we do not verify,and do not guarantee,that all information provided by Merchant that is available on the Site is accurate,complete,correct and we are not responsible for any errors (including placement and typing errors),obstruction (either because of temporary and/or partial,damage,repair or improvement to Site or otherwise),inaccurate,misleading or false information of Merchant or non delivery of information by Merchants.
In providing the Services we provided an online platform to connect you with Merchant.To the extent permitted by law,we are not responsible or liable for the acts or omissions of a Merchant,and you have sole responsibility for any obligation or liabilities to Merchants.We do not make any representation and should not be construed as making any recommendations or suggestions of the level of services quality or rating of the Merchant listed on the Site,and in no event shall we be responsible or liable for any information,content,products,services or other material provided or made available by Merchants.
To the extent permitted by law,we have the right to not to accept any buyer or order at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation.The reasons for rejecting a buyer or order may included but are not limited to breach of these terms, trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, services not being available or no longer being made available by the Merchant, user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transactions, inappropriate behavior, threats, insults, refusal to provide information, practical impediments, communication difficulties or breakdowns, history of breaches of these Terms, or being placed on any “black lists” or “watch lists” by governments or international organizations. We can at any time delete or remove the account of any buyer/user of the Site, either temporarily or permanently. Removed Buyer/users must not attempt to use the Site in any other name or through other buyer/users.
By making a order/purchase, through the Site, you accept and agree to the terms and conditions of applicable Merchant, including policies regarding cancellation and/or return and/or refund, or your specific requests which may be given to the Merchant. Sharkbate is not responsible for any violation of these terms and conditions, or which are based on the buyer’s specific requests, so please read the Merchant’s terms and conditions carefully before you make an order or purchase through the Site.
All orders shall be subject to Merchant’s acceptance in their sole discretion and each order accepted by the Merchant shall constitute a separate contract.The Buyer shall be responsible for ensuring the accuracy of the price entered on the Platform.
3.Price and Payment
Buyer shall make payment for the Goods/Services using Sharkbate Platform upon Merchant’s acceptance of Buyer’s order and the formation of Contract. All payment shall be made to Sharkbate,as Merchant’s agent.Buyer acknowledges that Sharkbate is entitled to collect payment from buyer on behalf of Merchant.
FPX / Credit Card payments are processed through third-party payment channels and the type of FPX / Credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
Buyer may only change their preferred mode of payment for their purchase prior to making payment.
Sharkbate takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
Delivery of Goods or Services shall be made by the Merchant to Buyer.
Merchant shall be fully responsible for the Goods or Services offered and sold to buyers and related enquiries, complaints and liabilities, including in relation to delivery of Goods or services.
Merchant aim to deliver the product to you at the place of delivery requested by you in your order and the delivery time indicated by buyer at the time of buyer order status.
Sharkbate takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
Merchant shall notify you if unable to meet buyer estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses,liabilities, costs, damages, charges or expenses arising out of late delivery or performance howsoever caused.
5.Return,Refund And Cancellation
Buyer may only cancel the order prior to the payment of Buyer’s Purchase into Sharkbate Platform.
Merchant shall deal directy with, and be responsible to, buyer on matters relating to return, refund and cancellation of Goods or Services. The return/exchange of any damaged Goods or Services shall be managed according to the Merchant’s business policy in force from time to time. Any return, refund and cancellation is between Merchant and Buyer relevant contract only. Sharkbate is only the platform to provided the services and Sharkbate does not monitor the cancellation, return and refund process between the Merchant and Buyer.
Sharkbate may terminate, suspend, close or limit your Sharkbate Account and/or access to Sharkbate Services or remove any data or content transmitted via the Software without liability and any license created hereunder may be terminated, suspended, closed or limited by Sharkbate.
Sharkbate has the right (but not the obligation) to terminate, suspend, close or limit your Sharkbate Account and/or access to Sharkbate Services or remove any data or content transmitted via the Software without liability and any license created hereunder may be terminated, suspended, closed or limited by Sharkbate :
(a) if you breach any of the provisions under this Agreement or if you fail to perform any obligation required of you, and such failure is not cured within a period of fourteen (14) day period;
(b) you file a petition for bankruptcy or insolvency, has an involuntary petition filed against it, commence an action providing for relief under bankruptcy laws, file for the appointment of a receiver or is adjudicated a bankrupt;
(c) if Sharkbate reasonably believes that the Software is being used in violation of this Agreement or applicable law;
(d) if requested by a law enforcement or government agency or otherwise to comply with applicable law, provided that Sharkbate shall use commercially reasonable efforts to notify buyer prior to suspending the access to the Software as permitted under this Agreement;
(e) as otherwise specified in this Agreement;
(f) if you intentionally and/or knowingly use Sharkbate Services to do any of the following:
(i) make payments directly or indirectly for:
● any sexually oriented or obscene materials or services in violation of Sharkbate’s policy;
● any narcotics, other controlled or illegal substances, steroids or prescription drugs in violation of any laws;
● wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity;
● any counterfeit products;
● any weapons including firearms, ammunition, high capacity magazines, air guns, explosives;
● any fireworks or pyrotechnic devices or supplies;
(ii) attempt to tamper, hack, modify or otherwise corrupt the security or functionality of Sharkbate Service;
(iii) money laundering activities;
(v) any illegal or immoral activities, including but not limited to such activities that violate the laws of Malaysia.
For the avoidance of doubt, we will not give any refund for termination related to conduct that we determine, in our discretion, violates this Agreement or any applicable law, involves fraud or misuse, or is harmful to our interests or another buyer.
Information on Sharkbate’s servers and thereby access to the Software will be unavailable to buyer if there is termination, suspension, closure or limitation applied to your Sharkbate Account. Sharkbate shall use reasonable endeavours to try giving buyer notice of such termination, suspension, closure or limitation at its sole discretion.
All intellectual property rights (including future copyright) in the formation and other material appearing on the App vests in and is the exclusive property of Sharkbate, its assigns and licensors. The Buyer may not and must not allow or permit other parties whether or not on the Buyer’s behalf, to copy our services or other similar activities unless the Buyer have obtained the prior, written permission of Sharkbate.
Sharkbate retains all property rights in all information and all other knowledge relating to Sharkbate, the Services including the technology and design of the services, the way the Services are implemented, the personnel, policies and business strategies of Sharkbate and the terms of the agreement (including pricing) which come into the Buyer’s possession from any source, or information which is treated by Sharkbate as confidential regardless of its form, or which is designated by its nature as confidential, but excluding information in the public domain or which may be obtained from Sharkbate without restriction (“Confidential Information”).
The Buyer will not use Confidential Information which the Buyer acquires from Sharkbate for any purpose which may cause Sharkbate loss, whether by way of damage to Sharkbate’ reputation, financial loss, or otherwise.
All warranties, conditions and representations whether express or implied (other than express warranties stated by Sharkbate in writing) are excluded except in circumstances whereby Sharkbate is by law unable to exclude or limit liability.
Sharkbate makes no warranty that the App (or any Smartphone application that is, or may become linked to this Smartphone application) is free from computer viruses, “cookies”, or any other malicious or impairing computer programs and/or that the App shall operate uninterrupted and error-free.
These Terms and Conditions are governed by, and must be construed in accordance with the laws of the State of Selangor, Malaysia.
The Buyers agrees to indemnify Sharkbate and its partners, directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partly, directly or indirectly, for using the Site/App.
The Buyer indemnifies Sharkbate in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment suffered or incurred by Sharkbate (including, but not limited to, economic loss and all legal costs and disbursements on a full indemnity basis) caused by the Buyer and/or any wilful, illegal or negligent act or omission by the Buyer.
Any dispute under or arising out of this agreement shall be referred to arbitration by a single arbitrator. The arbitration shall be conducted and compliance with Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) and the Malaysian Anti–Corruption Commission Act 2009 (MACCA)
The parties agree and accept that the determination of the arbitration is final and binding.
13.Compliance with foreign law
Sharkbate makes no representation that the content of the App complies with the law of any country outside Malaysia. If the Business accesses this Site from outside Malaysia, the Business is responsible for ensuring that the Business complies with all laws in the place where the Business is located.
Sharkbate will not be responsible for any delay or failure in performing Sharkbate obligations herein due to an unforeseeable event or causes which are not within our reasonable control (force majeure). Force majeure events shall include without limitation acts of sabotage, fire, natural catastrophes, legislative or regulatory changes or directives, and failure or interruption of utilities such as electricity, telecommunications, internet service providers, banking systems or other third party providers.
In the event of a dispute between the English and non-English versions of this Agreement (if any), the English version shall be the prevailing and governing document.
If any provision of these Terms and Conditions is held unenforceable in whole or in part, these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision.
In order to resolve a complaint regarding Sharkbate and this agreement or to receive further information regarding use of Sharkbate and this agreement, please contact us at:
SHARKBATE SDN BHD (1363562-K)
B-02-01,BLOCK B,SEKITAR 26,
PERSIARAN HULU SELANGOR,
SEKSYEN 26,HICOM INDUSTRIAL
ESTATE,40400 SHAH ALAM,
Email: [email protected]
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