1. The Makatas.com Marketplace
1.1 Who we are
The Makatas.com Site is operated by Makatas Industries Sdn Bhd (Company No: 391608-W) having its place of business at No 4, Jalan TPP 6/13, Taman Perindustrian Puchong, Seksyen 6. 47100 Puchong, Selangor Darul Ehsan. (“Makatas”).
1.2 Use of Makatas.com Site
Makatas.com Site services are only available to, and may only be used by individuals who are 18 and older who can form legally binding contracts under applicable laws. If you are a minor, being someone who is under 18 years old, you can only use the Makatas.com Site with the prior consent of your parents or guardian. In any event, by agreeing to use the Services on the Makatas.com Site, you represent and warrant that you are 18 years or above.
Makatas.com may at its sole discretion refuse to offer access to or use of the Makatas.com Site to any person or entity and may change the eligibility criteria at any time without notice to you.
“Makatas.com Marketplace” means the e-commerce platform for merchants, Makatas.com and customers to market, advertise, promote, list, negotiate and complete sale and purchase transactions on the said platform.
“Makatas.com Site” means the websites and social media networking websites, sites, applications and/or accounts under the Makatas.com brand. This includes but is not limited to the Makatas.com Marketplace, and posts hosted on third party social media sites.
“Intellectual Property” means all intellectual property rights including copyright, patents, rights in circuit playouts, registered designs, trademarks, rights of privacy and publicity and other forms of intellectual or industry property, know how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets, the right to have Confidential Information kept confidential, right to intellectual property granted pursuant to a license agreement, and any application or right to apply for registration of any of those rights including all rights to have any of the foregoing registered or granted upon application, in reach and any part of the world and whether or not registered or registerable and for the full period thereof, and all extensions and renewals thereof.
2. Applicable Policies
- Returns Policy; and
- Shipping Policy
2.2 Returns Policy
3. Relationship between the Parties
The relationship between Makatas and the merchants shall be solely that of independent contractors.
Each agreement entered into for the sale and purchase of any Product with a merchant on the Makatas.com Marketplace shall be an agreement entered directly between the merchant and the customer (“Customer Agreement”). Accordingly, the enforcement of any obligations under the Customer Agreement is the sole responsibility of the relevant merchant and the customer who are parties to that Customer Agreement.
4. Selling and Purchasing Products on the Makatas.com Site
You warrant that all information provided to Makatas or Makatas.com Site as part of the registration process or entering into an agreement with Makatas at all times is true, correct, accurate and complete and you will immediately notify us of any changes to the information provided.
You acknowledge that in assessing an application by a customer to register or an application by a merchant to execute an agreement with Makatas, Makatas shall conduct preliminary checks against its internal criteria and policies. Makatas reserves the right to reject any application in its sole discretion without providing any reasons for such rejection. You hereby give your consent for checks relating to compliance under the Personal Data Protection Act 2010 and its related subsidiary legislations.
4.2 Goods and Services Tax
Effective from 1 April 2015, Goods and Services Tax (“GST”) is implemented in Malaysia. Please note that the prices of Products on the Makatas.com Site will include GST save where otherwise indicated. Kindly refer to the Goods and Services Tax Act 2014 and the relevant instruments for more information on GST.
5. Use of and Restrictions on the Makatas.com Site and Makatas.com Marketplace
5.1 Non-Commercial Use and Downloading of Information
Makatas authorises you to view and download the information and materials at the Makatas.com Site only for your own personal and non-commercial use provided that you ensure all copyright and other proprietary notices contained in the original materials on any copies of the materials are maintained and preserved.
All materials downloaded or otherwise obtained through the Makatas.com Site are done at your sole discretion and risk and you shall be solely responsible for any damage to Makatas.com’s computer system or loss of data that may result from the download of any such material. No advice or information whether oral or written obtained by you from Makatas.com or through or from the Makatas.com Site shall create any warranty not expressly stated herein.
5.2 No Unlawful or Prohibited Use
You warrant that you, either by yourself or in concert with another, will not use the Makatas.com Site for any and all of the following activities:
- act in any manner or take any action which could damage, disable, impair or overload the com Site, our infrastructure or interfere with any other party’s use and enjoyment of the Makatas.com Site;
- probe, scan or test the vulnerability of the com Site or any network connected to the Makatas.com Site, nor breach the authentication or security measures on the Makatas.com Site, or any network connected to the Makatas.com Site, and shall not reverse look-up, trace or seek to trace any information on any other user or visitor to the Makatas.com Site, or any other customer of Makatas.com, including any Makatas.com account not owned by you, to its source or exploit the Makatas.com Site or any service or information made available or offered by or through the Makatas.com Site and/or Makatas.com Marketplace, with the purpose of retransmitting to or from, or posting on the Makatas.com Site and/or Makatas.com Marketplace any unlawful, threatening, defamatory, liberious, obscene, pornographic, or other material that would violate any law;
- use an anonymising proxy, any robot, spider, other automatic device, program, algorithm or methodology, or any similar or equivalent manual, semi-automated or automated- process to monitor, access, acquire or copy any portion of the com Site and/or Content, or in any way reproduce or circumvent the navigational structure of the presentation of the Makatas.com Site and/or Content without our prior written permission;
- use any device, software or routine to interfere or attempt to interfere, attempt to interfere with the proper working of the com Site or any transaction conducted on the Makatas.com Site, or involve any scheme to undermine the integrity of the data, systems or networks used by Makatas or any user of the Makatas.com Site or gain unauthorised access to any portion or feature of the Makatas.com Site, or any other systems or networks connected to the Makatas.com Site or to any Makatas.com server, or to any of the services offered on or through the Makatas.com Site by hacking or any other illegitimate means;
- obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through com Site;
- facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate the Makatas.com Site, any system, data or Information;
- act in a manner that is defamatory, trade libellous, threatening or harassing;
- engage in activities that violate any law, statute, ordinance or regulation;
- engage any act that infringes Makatas’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- provide false, inaccurate or misleading Information and/or engage in potentially fraudulent or suspicious activity and/or transactions;
- disclose or distribute another user’s information to a third party, or use the information for marketing or promotional purposes unless you receive the user’s express written consent to do so; or
- use the Makatas.com Site in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to Makatas, you, other users or third parties; or engage in an activities that would otherwise create any liability for Makatas.
5.3 User Testimonials, Comments and Messages
The messages, comments, reviews and testimonials express the views of the users of the Makatas.com Site and not necessarily the view of Makatas. Content of messages, comments, reviews and testimonials of Makatas.com Site’s users is neither created by, verified by nor adopted by Makatas. Makatas does not vouch for or warrant the accuracy, completeness or usefulness of the messages, comments, reviews or testimonials of the users on the Makatas.com Site, and is in no way responsible for the contents of the messages, comments, reviews or testimonials which do not constitute Makatas.com’s authorised literature. Only authorised literature produced and issued by Makatas.com represents our position. Submissions posted by users on the Makatas.com Site is not official Makatas.com material and shall not be copied, quoted or otherwise reproduced and is not to be used in promoting, nor should it be relied upon in using the Products.
You agree to indemnify and hold us harmless against any claim or action brought by third parties arising out of or in connection with any messages, comments, reviews and testimonials posted by you on the Makatas.com Site, including the violation of their privacy or Intellectual Property rights.
5.4 Protecting Your Password
You will be required to provide a username and password as part of our security measures in registering you on the Makatas.com Site. You are solely responsible for the security and secrecy of your username and password and should not provide this information under any circumstances to anyone not expressly authorised by you to use your account. You accept sole responsibility for any act, omission or negligence in relation to the use of your account. You must immediately change your password if you have any reason to believe that your password has been compromised. Makatas shall not be liable for any loss or damaged suffered by you in relation to the use of your account.
6. Disclaimer and Release
The Makatas.com Site and the Content are provided on an “As is”, “With all faults” and “As available” basis. Makatas and our directors, officers, agents, and employees disclaims all warranties (express, implied or statutory) including but not limited to any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Products, information, Content and materials at the Makatas.com Site. Makatas does not promise that the Makatas.com Site or any Content, Product description, information, material or feature of the Makatas.com Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Makatas.com Site will provide specific results.
Makatas attempts to be as accurate as possible. However, Makatas does not control and is not liable to or responsible for the validity, accuracy, suitability, quality, safety, correctness, reliability, stability, description, lawfulness or availability of the Products offered for sale on the Makatas.com Site. Makatas does not represent or warrant that the manufacture, importation, offer, display, purchase, sale and/or use of the Products or related services offered or displayed on the Makatas.com Site does not violate any third party rights or relevant laws and Makatas does not make any representation or warranties of any kind concerning any Product offered or displayed on the Makatas.com Site. If a Product offered on the Makatas.com Site is not as described, your sole remedy is to return it in unused condition in accordance with the Returns Policy.
You acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions in connection with using the Makatas.com Site or related services, and that you are assuming the risks or liability or harm of any kind in connection with subsequent activity of any kind relating to the products including but not limited to the delivery of the Products or related services (including taxes and issuance of tax invoices) that are the subject of transactions using the Makatas.com Site and the usage of the Products. You agree that Makatas and Makatas.com Site shall not be liable or responsible for any damages, claims, liabilities, errors, inaccuracies, costs, harms, inconveniences, business disruptions, delays in delivery of the Products or expenditures of any kind that may arise as a result of or in connection with any such risks.
Makatas does not guarantee continuous, uninterrupted or secure access to any part of the Makatas.com Site, and operation of Makatas.com Site may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. Makatas does not ensure that any files or other data downloaded from the Makatas.com Site and will be free of contamination, virus or destructive features. Makatas will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Makatas makes no representations or warranties regarding the amount of time needed to complete processing because these are dependent upon many factors outside of our control, such as delays in the banking system, communications or mail service.
Makatas may make changes to the information, content, materials or feature at the Makatas.com Site, or to the products and prices described in them, at any time without notice. The information, content or materials at the Makatas.com Site may be out of date, and Makatas Content, materials or information published at the Makatas.com Site may refer to products, programs or services that are intended for use only in a particular country and may not be used or relied upon in any other country save where otherwise provided.
Your remedy against Makatas or dissatisfaction with the Makatas.com Site is to stop using the Makatas.com Site.
Makatas shall not be responsible for disputes between one or more users, or an outside party. If you have a dispute with another user, you release Makatas, our directors, agents and employees from any and all claims, demands and damages of any kind and nature, known and unknown, arising out of or in any way connected to such dispute.
6.3 Force Majeure
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
- import or export regulations or embargoes; or
- interruption of traffic, strike, lock-outs or other industrial actions or trade disputes (whether involving employees of either party or of a third party).
7. Liabilities and Indemnities
7.1 Limitation of Liability
In no event will Makatas, our directors, or employees mentioned at the Makatas.com Site be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever including without limitation, those resulting from injury, medical condition, illness, loss of profits, damages, data or interruption arising or resulting from any of the following:
- the use, the results of use or inability to use the Makatas.com Site and, howsoever arising including negligence, whether based on warranty, tort, contract or any other legal theory or whether or not advised of the possibility of such damages;
- any defect in goods, samples, data, information or services purchased or obtained from or through the Makatas.com Site;
- the use, the results of use or inability to use, consumption, redemption, delivery and/or fulfilment of any Product;
- violation of third party rights under the relevant and applicable laws, claims or demands that the manufacture, importation, export, distribution, listing, offer, advertising, promotion, display, purchase, sale and/or use of the products offered or displayed on the Makatas.com Site may violate or may be asserted to violate third party rights or claims by any party that they are entitled to defence or indemnification in relation to assertion of rights, demands or claims by third party rights claimants;
- statements, acts or conduct by any user of the Makatas.com Site;
- unauthorised access by third parties to data or private information of any user; or
- multiple usage of a promotion code or voucher code by any user across multiple transactions and/or elements of fraud on the Makatas.com Site; or
- any matters relating to the Makatas.com Site, products and related services (including calculation of taxes and issuance of tax invoices) however arising including negligence
Notwithstanding any of the foregoing provisions, our liability and that of our directors and employees to you or any third parties in any circumstances is limited to the actual amount of monies you have paid for the Products during the calendar year, or the net amount owed to you during the calendar year, as the case may be. In both instances, the amount payable shall not exceed Ringgit Malaysia (RM5,000). All claims arising from the use of the Makatas.com Site and/or related services must be by way of notice in writing to us of such claim, specifying in reasonably sufficient detail the nature of the claim and so far as is practicable the amount claimed in respect thereof, and shall be served within one (1) year from the date of the event/omission giving rise to the claim. Failing which you are deemed to irrevocably waive any such entitlement, right and pursuit of any such claim.
User of the Makatas.com Site shall agree to defend, indemnify and hold Makatas harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.
8. Breach and Infringement
8.1 Breach by User
- Makatas has reasonable grounds to suspect that you have used a stolen credit card or utilised a cloned credit card or other false or misleading information in any transaction with a counter party;
- Makatas has reasonable grounds to suspect that any information provided by you is not complete, outdated, untrue, false, inaccurate or misleading;
- Makatas has reasonable grounds to believe that your act or omission may cause financial loss or legal liability to Makatas, Makatas.com Site, other users or third parties; or
- Makatas has reasonable grounds to believe or suspect that you have used a promotion code or voucher code against the terms and conditions governing the promotion code or voucher code and/or your intend or have engaged in fraudulent activities on the Makatas.com Site; or
Makatas reserves the right to take appropriate action where necessary and without notice at any time including but not limited to remove all or any information, content or material from the Makatas.com Site, to disallow the use of the Makatas.com Site in connection with the information, content or material that is claimed to be infringing, to modify or change the Makatas.com Site or any portion of Site, and any terms or policies, to modify, suspend or terminate the operation or access to the Makatas.com Site or part of the Makatas.com Site.
9. Governing Law and Dispute Resolution
In event of any dispute between Makatas and you arising out of or in connection with your use of the Makatas.com Site, the parties shall endeavour in good faith and promptly, to resolve any such dispute. If the parties are unable to resolve the dispute within sixty (60) days, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of Makatas to seek recourse in the courts of law, including commencing a legal action without resorting, convening or participating in any such mediation as stated herein.
Where there is dispute between a merchant and customer, because Makatas is not the agent of the merchant or customer, Makatas will not act as either party’s agent in connection with resolving any disputes between the parties related to or arising out of any transaction. Makatas urges merchants and customers to cooperate with each other to resolve such disputes.
10. Notice and Feedback
Any feedback you provide at this Makatas.com Site is non-confidential.
All legal notices or demands to Makatas shall be made in writing and sent to Makatas personally, by courier or certified mail to No 4, Jalan TPP 6/13, Taman Perindustrian Puchong, Seksyen 6, 47100 Puchong, Selangor Darul Ehsan. The notices shall be effective when they are received and acknowledged receipt by Makatas in any of the above manner.
All legal notices or demands to you shall be effective if either delivered personally, by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by you to Makatas. Notice to you shall be deemed to be served upon and received by you if and when Makatas is able to demonstrate that communication whether in physical or electronic form has been sent to you.
All agreements, notices and other communications that Makatas sends to you electronically satisfies the legal requirement for communication to be in writing.