Terms and Condition

1.1 Welcome to the apasaja.tech website. These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (Services). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as Apasaja Terms and Conditions) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://www.apasaja.tech/privacy-policy/. By accessing the Platform and/or using the Services, you agree to be bound by Apasaja Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Apasaja Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.

1.2 Apasaja reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Apasaja Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

1.3 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the legal age), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor’s behalf and you will be responsible for the minors actions, any charges associated with the minors use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

2. USE OF THE PLATFORM

2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

2.2 Content provided on this Platform is solely for informational purposes.

2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Apasaja shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.5 We reserve the right, but shall not be obliged to:

(a) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as Intellectual Property) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5. Our limitation of responsibility and liability

5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an as is and as available basis without any warranties, claims or representations made by Apasaja of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, Apasaja does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

5.3 Apasaja and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Platform or the Services;

(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other Apasaja Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

8. ARBITRATION

8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other Apasaja Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (AIAC) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

8.2 Notwithstanding the foregoing, Apasaja reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

9. TERMINATION

9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Apasaja Terms and Conditions. Upon any termination of these Terms of Use and/or other Apasaja Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Apasaja shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Apasaja, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

TERMS AND CONDITIONS OF SALE

1.Interpretation

Buyer” means the person who purchases Goods on the Platform;

“Conditions” mean these Terms and Conditions of Sale;

“Contract” means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

“Goods” means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“Apasaja Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the apasaja.tech website;

“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor. Apasaja may also be a “Seller” for selected Goods;

“Services” means the use of any services, information and functions made available by Apasaja at the Platform;

“Writing” includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to ?Apasaja? in these Conditions refer to both Apasaja?s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively ?Parties?). The identity of the Seller for a particular Goods listed for sale on the Platform, may be stated on the webpage listing such Goods.

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Apasaja and Apasaja has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Apasaja.?

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Seller endeavours to provide an accurate description of the Goods, neither Apasaja nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Apasaja in its website shall be subject to correction without any liability on the part of Apasaja.

3. Orders and Specifications

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller?s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Apasaja shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Apasaja shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon Apasaja issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Apasaja shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Apasaja shall furthermore be entitled to require the Buyer to furnish Apasaja with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Apasaja and on terms that the Buyer shall indemnify Apasaja in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Apasaja as a result of the modification or cancellation, as the case may be.

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Apasaja in addition to the price, but it excludes the delivery charges.

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which Apasaja shall, notify the Buyer of such cancellation by giving three days notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Apasaja.

5.2 The terms and conditions applicable to each type of payment, as prescribed by Apasaja on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card

Credit card payment option is available for all Buyers. Apasaja accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.

Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

5.2.2 Debit Cards

Apasaja accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Apasaja account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Apasaja, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

Legal

All software sale on this Website are for Personal use ONLY. All business users are discouraged to buy because of several Reason.

  1. No business support
  2. We are not affiliate or not a vendor of these software and we are not responsible for any liabilities.