Terms of Use

Last revised date: 5 Jan 2018

Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must register for a Entermall account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Entermall may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that Entermall will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Entermall cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  6. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Entermall will result in an immediate termination of your services.

 

Account Activation

  1. Entermall Account
    1. Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
    2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  2. PayPal Express Checkout and Entermall Payments Accounts
    1. Upon completion of sign up for the Service, Entermall will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, Entermall may also create a Entermall Payments account on your behalf.
    2. You acknowledge that PayPal Express Checkout and/or Entermall Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service, as defined in Section 16 of these Terms of Service.
  3. General Conditions
    You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a member of Entermall.

    1. Technical support is only provided to paying Account holders and is only available via email.

    2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the laws of Malaysia applicable therein, without regard to principles of conflicts of laws.

    3. You acknowledge and agree that Entermall may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Entermall’s website, available at https://www.entermall.my/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Entermall’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

    4. You may not use the Entermall service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Malaysia. You will comply with all applicable laws, rules and regulations in your use of the Service.

    5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Entermall.

    6. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

    7. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Entermall, is governed by its privacy policy at https://www.entermall.my/legal/privacy

    8. The Terms of Service may be available in English only. To the extent of any inconsistencies or conflicts between these English Terms of Service and Entermall’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.entermall.my/terms will prevail.

  4. Entermall Rights

    1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

    2. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

    3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Entermall customer, Entermall employee, member, or officer will result in immediate Account termination.

    4. Entermall does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

    5. 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 Entermall employees and contractors may also be Entermall customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

    6. Entermall retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Entermall reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

  5. Limitation of Liability

    1. You expressly understand and agree that Entermall 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.

    2. In no event shall Entermall 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 these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Entermall partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

    3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

    4. Entermall does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

    5. Entermall does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

    6. Entermall does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

  6. Waiver and Complete Agreement

    The failure of Entermall to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Entermall and govern your use of the Service, superseding any prior agreements between you and Entermall (including, but not limited to, any prior versions of the Terms of Service).

  7. Intellectual Property and Customer Content

    1. We do not claim any intellectual property rights over the Materials you provide to the Entermall service. All Materials you upload remains yours. You can request to remove the goods are selling  Entermall store at any time

    2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Entermall to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Entermall can, at any time, review all the Materials submitted to its Service, although Entermall is not obligated to do so.

    3. You retain ownership over all Materials that you upload to a Entermall store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.

    4. 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: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

    5. Entermall shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

  8. Payment of Fees

    1. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services, shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.

    2. Entermall does not provide refunds.

  9. Cancellation and Termination

    1. You may cancel your Account at anytime by emailing support@entermall.my and then following the specific instructions indicated to you in Entermall’s response.
    2. Upon termination of the Services by either party for any reason:
      1. Entermall will cease providing you with the Services and you will no longer be able to access your Account;
      2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
      3. Your store website will be taken offline.
    3. If you purchased a domain name through Entermall, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
    4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
    5. We reserve the right to modify or terminate the Entermall Service or your Account for any reason, without notice at any time.
    6. Fraud: Without limiting any other remedies, Entermall may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
    7. You may not assign, transfer or delegate your account or any rights or obligations under these Terms of Service.
  10. Modifications to the Service and Prices

    1. Prices for using the Services are subject to change upon 30 days notice from Entermall. Such notice may be provided at any time by posting the changes to the Entermall Site (entermall.my) or the administration menu of your Entermall store via an announcement.
    2. Entermall reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
    3. Entermall shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  11. Third Party Services

    1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Entermall’s partners or other third parties.

    2. Entermall may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Entermall App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Entermall’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.

    3. We do not provide any warranties with respect to Third Party Services. You acknowledge that Entermall has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Entermall’s websites, including the Entermall App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Entermall. Entermall does not guarantee the availability of Third Party Services and you acknowledge that Entermall may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Entermall is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Entermall strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.

    4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Entermall is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

    5. Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.

    6. Under no circumstances shall Entermall be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Entermall has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

    7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Entermall partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

       

 
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