Terms & Conditions
WEBSITE TERMS AND CONDITIONS
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you and Penfurnex Sdn Bhd (1200833-U) (herein also referred to as “PSB”, concerning your access to and use of the online ecommerce website -as well as mobile website or mobile application and/or applications, program, software in whatever form or description related, linked, or otherwise connected thereto ( respectively and /or collectively shall be called “ePenfurnex” where the context requires) whether to carry out ecommerce transaction or otherwise.
You agree that by accessing ePenfurnex, you have read, understood, and agree to be bound by all terms and conditions of ePenfurnex including terms and conditions herein contained. If you do not agree with all of these terms and conditions, then you are expressly prohibited from using ePenfurnex and you must discontinue use immediately.
Supplemental and/or modification of terms and conditions that may be posted on ePenfurnex from time to time are hereby expressly incorporated herein with necessary modification to take effect immediately and each time you access ePenfurnex you are deemed to be aware of the latest modification which shall be binding on you. PSB and/or ePenfurnex (hereinafter collectively described as “we” and/or “us” and/or related nouns and pronouns where the context requires) reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You are deemed to have accepted such latest changes in the Terms and Conditions each and every time you access ePenfurnex.
The information provided on ePenfurnex is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, in the event you choose to access ePenfurnex from other locations or by any other means you do so on your own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
ePenfurnex is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register as a user of ePenfurnex.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the ePenfurnex is PSB’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively and/or separately called “the Content”) of ePenfurnex and the brand(s), brand name(s), logo(s) (including the word “ePenfurnex” which is created by and for the exclusive use of PSB) which appear in ePenfurnex and related media shall be protected by copyright and trademark laws and various other intellectual property rights and laws of Malaysia and international conventions.
No part of ePenfurnex and/or any of its Content and/or brand(s) and/or brandname(s) Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using ePenfurnex, you represent and warrant that:
- 1. all registration information you submit will be true, accurate, current, and complete;
- 2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
- 3. you have the legal capacity and you agree to comply with these Terms and Conditions;
- 4. you are not under the age of 18;
- 5. not a minor in the jurisdiction in which you reside;
- 6. you shall not access the ePenfurnex through automated or non-human means, whether through a bot, script, or otherwise;
- 7. you shall not use ePenfurnex for any illegal or unauthorized purpose;
- 8. your use of ePenfurnex shall not violate any applicable law or regulation in your jurisdiction.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we shall have the right to suspend or terminate your account and refuse any and all current or future use of ePenfurnex (or any portion thereof).
You are required to register with ePenfurnex in order to properly use its functions. You agree to keep your password confidential and will be responsible for all use of your account and password. We shall reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion without any notice to you, that such username is inappropriate, obscene, or otherwise objectionable
You may not access or use ePenfurnex for any purpose other than that for eCommerce which it is created to facilitate. ePenfurnex may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of ePenfurnex, you agree NOT to:
- 1. systematically retrieve data or other content from ePenfurnex to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- 2. make any unauthorized use of ePenfurnex, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- 3. Use ePenfurnex to advertise or offer to sell goods and services unless authorized to do so.
- 4. circumvent, disable, or otherwise interfere with security-related features of ePenfurnex, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of ePenfurnex and/or the Content contained therein.
- 5. Engage in unauthorized framing of or linking to ePenfurnex.
- 6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- 7. make improper use of our support services or submit false reports of abuse or misconduct.
- 8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- 9. interfere with, disrupt, or create an undue burden on ePenfurnex or the networks or services connected to ePenfurnex.
- 10.attempt to impersonate another user or person or use the username of another user.
- 11.sell or otherwise transfer your profile.
- 12.use any information obtained from the ePenfurnex in order to harass, abuse, or harm another person.
- 13.use the ePenfurnex as part of any effort to compete with us or otherwise use ePenfurnex and/or the Content for any revenue-generating endeavor or commercial enterprise.
- 14.decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of ePenfurnex.
- 15.attempt to bypass any measures of ePenfurnex designed to prevent or restrict access to ePenfurnex, or any portion of ePenfurnex.
- 16.harass, annoy, intimidate, or threaten any of our customers, employees or agents engaged to provide services or functions of ePenfurnex to you.
- 17.delete the copyright or other proprietary rights notice from any Content.
- 19.upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of ePenfurnex or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of ePenfurnex.
- 20.upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”) onto ePenfurnex.
- 21.except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses ePenfurnex, or using or launching any unauthorized script or other software.
- 22.disparage, tarnish, or otherwise harm, in our opinion, us and/or ePenfurnex.
- 23.use ePenfurnex in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
ePenfurnex may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on ePenfurnex, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). By accepting such invitation you are bound by the terms and conditions which come together with such invitation in addition to the terms and conditions herein provided.
Contributions may be viewable by other users of ePenfurnex and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- 1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- 2. you are the original creator and exclusive legal owner of the material you created/upload to ePenfurnex or you have the necessary licenses, rights, consents, releases, and permissions to use the same and to authorize PSB and/or ePenfurnex and other users of ePenfurnex to use the same in any manner contemplated by ePenfurnex.
- 3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by ePenfurnex.
- 4. your Contributions are not false, inaccurate, or misleading.
- 5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- 6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- 7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- 8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- 9. your Contributions do not violate any applicable law, regulation or rule.
- 10.your Contributions do not violate the privacy or publicity rights of any third party.
- 11.your Contributions do not include any offensive comments that are connected to race, national origin, religion, gender, sexual preference, or physical handicap.
- 12.Your Contributions do not otherwise violate, or link to material that violates, any provisions of these Terms and Conditions, or any applicable law or regulation.
- 13.You shall at all time keep ePenfurnex and PSB fully indemnified for whatever liabilities and/or losses in the event you breach any or the terms and conditions herein stated.
Any use of ePenfurnex in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use ePenfurnex.
By posting your Contributions to any part of ePenfurnex (or making Contributions accessible to ePenfurnex by linking your account from ePenfurnex to any of your social networking accounts), you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral and legal rights in your Contributions, and you warrant that moral and legal rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on ePenfurnex.
You are solely responsible for your Contributions to ePenfurnex and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on ePenfurnex; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may allow you to leave reviews or send/receive ratings on ePenfurnex. When posting a review, you must comply with the following criteria:
- 1. you should have firsthand experience with the person/ entity/ item being reviewed;
- 2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- 3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- 4. your reviews should not contain references to illegal activity;
- 5. you should not be affiliated with competitors if posting negative reviews;
- 6. you should not make any conclusions as to the legality of conduct;
- 7. you may not post any false or misleading statements;
- 8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
As part of the functionality of ePenfurnex, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through ePenfurnex; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through ePenfurnex via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on ePenfurnex.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through ePenfurnex. You may or may not have the ability to disable the connection between your account on ePenfurnex and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding ePenfurnex ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral and legal rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
ePenfurnex may contain (or you may be sent via ePenfurnex) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through ePenfurnex or any Third-Party Content posted on, available through, or installed from ePenfurnex , including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave ePenfurnex and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from ePenfurnex or relating to any applications you use or install from ePenfurnex. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
THIRD PARTY VENDORS (SELLERS)
You acknowledge that Third Party Vendors (also referred to as Sellers) list and sell Products (which by definition here also includes services) on the ePenfurnex. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer (referred to as Buyer) shall be an agreement entered into directly and only between the Seller and the Buyer. You further acknowledge that Sellers may utilize paid services offered by ePenfurnex to occupy certain product listing slots within your search results on the ePenfurnex.
We allow advertisers to display their advertisements and other information in certain areas of ePenfurnex, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on ePenfurnex and any services provided on ePenfurnex or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on ePenfurnex, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
We reserve the right, but not the obligation, to:
- 1. monitor ePenfurnex for violations of these Terms and Conditions;
- 2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
- 3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- 4. in our sole discretion and without limitation, notice, or liability, to remove from ePenfurnex or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- 5. otherwise manage ePenfurnex in a manner designed to protect our rights and property and to facilitate the proper functioning of ePenfurnex.
Please be advised that ePenfurnex is hosted in Malaysia. If you access ePenfurnex from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Malaysia, then through your continued use of ePenfurnex, you are transferring your data to Malaysia, and you expressly consent to have your data transferred to and processed in Malaysia
We will maintain certain data that you transmit to ePenfurnex for the purpose of managing ePenfurnex, as well as data relating to your use of ePenfurnex. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using ePenfurnex. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting ePenfurnex, communicating to us via ePenfurnex and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via ePenfurnex and/or via email satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA ePENFURNEX.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. ALTERNATIVELY you have expressly acknowledged to us that electronic communication is sufficient mode of communication to satisfy all such legal requirement of the same.
SELLER RELATED GENERAL TERMS AND CONDITIONS
For those who are interested to sign up as a Seller, you are advised to read and understand the full ePenfurnex Seller’s Agreement, together with the “ePenfurnex Terms and Conditions” and “Seller Related General terms and Conditions” contained herein and all other terms and conditions posted on ePenfurnex. You are deemed to have acknowledged the said agreement upon signing up as a Seller. For more information or to sign up, click
Platform Services to Seller
ePenfurnex provides a platform for third-party sellers and buyers to complete transactions. Except as set out in the Agreement, ePenfurnex is not involved in the actual transaction between Seller and customers. As owner or providers of the Goods and vendor thereof, it is up to Seller to, among others, ensure the sale is legally authorized, accurately describe the Goods, package, ship, insure, warrant and fulfill all other sale and after sale obligations applicable by law or by trade. The Seller hereby undertake to fully indemnify and keep indemnified ePenfurnex for whatever liabilities arising from Seller’s breach of any term and condition herein stated.
Services provided by ePenfurnex are classified as general consisting in:
- 1. the listing and publishing of content materials regarding the Goods on the ePenfurnex;
- 2. limited Customer care services as provided via ePenfurnex including its complaint template;
- 3. collection, reconciliation and execution of all Sales Proceeds.
ePenfurnex will provide support services to Seller by way of coordinating and facilitating communication between both parties via ePenfurnex including its complaint template. Seller agrees and hereby irrevocably authorise ePenfurnex to accept and/or to issue electronic documents such as tax invoice, receipt, credit note, debit note, or any other document ePenfurnex may issue.
Sales Proceeds - Payment
ePenfurnex may delay, suspend or cancel any payment in cases where Seller breaches any term and condition of ePenfurnex; and any Payment made to Seller will not in any way be considered as a waiver of ePenfurnex’s rights.
If ePenfurnex concludes that Seller's actions and/or performance are likely to result, or have resulted in Customer disputes. Disputes, chargebacks or other third party claims, or if there are any sums owed by seller to ePenfurnex, then ePenfurnex may, at its sole discretion, withhold any Payment for the whichever longer timeframe of:
- 1. the minimum suspension period; or
- 2. the completion of any investigation regarding seller's actions or performance; or
- 3. the resolution of any dispute via ePenfurnex or otherwise.
ePenfurnex reserves the right to impose limits on Order Quantity, on Customers or on Seller and will not be liable if:
- 1. ePenfurnex does not proceed with an Order that would exceed said limit; or
- 2. ePenfurnex allows a Customer to cancel an Order because the Platform or the Goods are unavailable following the commencement of a transaction.
Any inquiry or dispute about any Payment will be made by in compliance with the Return & Refund Policy of ePenfurnex including its complaint template, which may be changed from time to time.
Seller Undertakings and Obligations:
As a Seller authorized to sell goods on the ePenfurnex, the Seller must endeavor to:
- 1. obtain all necessary rights, licenses, permits or approvals required for the offer, advertising and sale of the Goods on or through the ePenfurnex prior to their listing and will provide, as such time as ePenfurnex shall so request, copies of these documents.
- 2. ensure that any information provided, including for the listing (including the Content Materials) of the Goods, is accurate, current, and complete and is not misleading or otherwise deceptive.
- 3. fulfill all orders for Goods at their stated quantity and price to Customers who meet ePenfurnex's eligibility conditions.
- 4. provide in the format and at such times as ePenfurnex may require, accurate, updated and complete information about the availability status, stock level and listing price of the goods.
- 5. ensure that the Listing Price for any good offered to Customers will not exceed the price offered by seller outside the ePenfurnex for the same product in like or lesser quantities under similar terms and where a lower price is so offered, ensure that the Goods benefit from that lower price.
- 6. ensure that any person filling-in or signing any document, operating the Seller Center account, or handling the Goods and Products, on behalf of Seller (other than a ePenfurnex employee, contractor or agent, or a third party specifically mandated by ePenfurnex) has full power and authority to do so on behalf of seller.
- 7. promptly notify ePenfurnex of any actual or potential recall, or safety alert, relating to the Goods sold on the ePenfurnex, and provide all necessary assistance to ePenfurnex in connection with such recall or safety alert.
- 8. if required by law, take out appropriate insurance covering the events mentioned above as well as any other obligation.
Undertakings In Relation to Goods
Seller will provide the goods and products with all legally required documentation (including warranty card, warranty information and invoice) and update the same when legally required.
It will provide ePenfurnex and/or Customer any document pertaining to the sale of the goods (including sales invoice and tax invoice), as may be requested by ePenfurnex and/or Customer.
Seller’s Responsibility On Personal Data
Seller undertakes, represents and warrants that it will use and process Personal Data:
- 1. only for the purpose of the execution of the eCommerce transaction via ePenfurnex and not disclose it to third parties;
- 2. in accordance with the requirements under the applicable personal data protection law; and
- 3. in such manner that ensures ePenfurnex remains in compliance with the requirement under the applicable personal data protection laws
Seller further warrants that it does implement sufficient security measures to ensure that the Personal Data are securely kept and maintained as required by the applicable personal data protection law and agrees to subject itself to the necessary audits undertaken by ePenfurnex to ensure compliance of the above warranties and to immediately inform ePenfurnex of any Personal Data incident it becomes aware of. Seller agrees to indemnify and hold harmless ePenfurnex and each of its respective officers, employees, directors and agents from, and at ePenfurnex’s option defend against, any and all liens, damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgements, suits, proceedings, costs, disbursements or expenses of any kind or of any nature whatsoever (including third party claims, reasonable attorney’s, fees, consultants’ fees, experts' fees and other costs of litigation) (""Personal Data Claims""), to the extent such Personal Data Claims arise from or may be in any way attributable to: i) any violation of any agreed term of eCommerce transaction via ePenfurnex ii) the negligence, gross negligence, bad faith or intentional or willful misconduct of Seller or its subcontractors (whether or not approved by ePenfurnex); or iii) any security incident for which Seller is directly or indirectly responsible.
ePenfurnex has the right to unilaterally and immediately terminate the right of Seller upon the occurrence of any of the following:
- 1. Seller being in breach of any provision of the ePenfurnex and failing to remedy the same within fourteen (14) days from being so notified;
- 2. the Seller being in "breach of any applicable laws or ePenfurnex’s Policies with respect to Goods and sales of Goods.
- 3. Seller passing a winding up resolution or a court "of competent jurisdiction making an order for the same;
- 4. the issuance of an administrative order in relation to Seller, or the appointment of a receiver over, or an encumbrance taking possession of, or the of selling any of, Seller’s assets;
- 5. Seller making an arrangement or composition "with its creditors generally or applying to a court of competent jurisdiction for protection from its creditors;
- 6. Seller ceasing or threatening to cease to carry on business Provided they have not been corrected by ePenfurnex within fourteen (14) days from notifying ePenfurnex of the occurrence of any of the following,
Seller may terminate the Agreement by providing thirty (30) days’ prior written notice to ePenfurnex.
Upon termination of the Agreement, Seller will notify ePenfurnex of all concluded Customer Agreements which have yet to be performed. For the avoidance of doubt, notwithstanding any termination for any reason, Seller will remain responsible for the fulfilment of any pending Order; and ePenfurnex will fulfil any pending Payment obligations.
Unless otherwise agreed in writing, Payments will be made by ePenfurnex to Seller on a monthly basis in respect of Orders that have been delivered or completed by the reconciliation cut-off date. The Order status on Seller Center may be subject to delays on weekends, public holidays, caused by third parties, or factors outside of ePenfurnex’s reasonable control. p>
From time to time, ePenfurnex may offer promotional and goodwill rebates or discounts to Seller in respect of any part of the Fee. The terms of such rebate or discount are determined by ePenfurnex at its sole discretion. Where required by law, ePenfurnex may generate an invoice by the Seller to give effect to the rebate or discount. If ePenfurnex is held liable for any taxes on behalf of the Seller, or as a tax agent of the Seller, in connection with any Order or Payment, the Seller will indemnify ePenfurnex for such tax liability or compliance costs, irrespective of when the tax liability is assessed.
ePenfurnex shall have the right to set off any amounts owed by ePenfurnex to Seller against any amounts owed by Seller to ePenfurnex, including any such amounts under other accounts or shops owned by the same Seller.
Commission and Payment Fee
Commission rates are as indicated herein or in Seller Center. ePenfurnex may provisionally reduce Commission rates for certain Goods from time to time. The Payment Fee shall be three percent (3%) for PFTIA members/five percent (5%) for non PFTIA members (exclusive of any taxes such as Consumption Tax which shall also be borne by Seller) or any such rate stipulated on ePenfurnex at the relevant time.
Subject to full compliance to the terms and conditions stated in ePenfurnex by parties concern, any difference, controversy, or claim, arising between the Parties shall first and foremost be settled by the following steps: -
Mediation by Penang Furniture and Timber Industry Association (hereinafter called "PFTIA”) and/or its representative(s) subject to the written consent by the disputing parties,
Arbitration, conducted in English, in Penang, and in accordance with the rules of the Asian International Arbitration Centre (AIAC). Furthermore, the arbitral tribunal will consist of a sole arbitrator, to be designated by PFTIA at the sole cost of the disputing party or parties. Any award by the arbitration tribunal will be final and binding upon the Parties.
There may be information on ePenfurnex that contains typographical errors, inaccuracies, or omissions that may relate to ePenfurnex, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on ePenfurnex at any time, without prior notice. The users of ePenfurnex shall have the duty to verify obvious mistake before acting upon it.
ePENFURNEX IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF ePENFURNEX AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ePENFURNEX AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ePENFURNEX CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO ePENFURNEX AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ePENFURNEX , (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ePENFURNEX, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH ePENFURNEX BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ePENFURNEX. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ePENFURNEX, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF ePENFURNEX, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of ePenfurnex; (3) breach of any term and condition stipulated on ePenfurnex including any terms and conditions hereof; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of ePenfurnex with whom you connected via ePenfurnex.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
These Terms and Conditions and any policies or operating rules posted by us on ePenfurnex constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of ePenfurnex. You agree that these Terms and Conditions and related policies and regulations will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and related policies and regulations and the lack of signing by the parties hereto to execute hard copy of the same.
In order to receive further information regarding use of ePenfurnex, please contact us at:
Penfurnex Sdn Bhd (1200833-U)
11, 1st Floor, Lorong Kelasah 1,
13700 Seberang Jaya,