Terms & Conditions - General Public access / Members
Schedule “2”: the Access to Services from members of the public
The following describes the terms on which the Website Owner offers you access to our services.
Welcome to Halal Food Master.
By using www.halalfoodmaster.com website including its related sites, services and tools (the "Website"), you agree to the following terms, including those available by hyperlink, and the general principles for this Website. If you have any questions, please contact us.
This Agreement is effective on 8 July, 2016 for current users, and immediately upon acceptance by new users.
3. Your Account
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
The Website Owner reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
4. Using this Website
While using this Website, you will not (including but not limited to the following as may be prescribed by each *Supplier / *Manufacturer (*delete where not applicable)):
- Sell any products which are not halal-compliant;
- post content or items in an inappropriate category or areas on our Website or services;
- violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
- use our Website or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
- manipulate the price of any item or interfere with other user's listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to the Company;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the feedback or ratings systems;
- transfer your account to another party without the Website Owner's consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm the Website, or the interests or property of users of the Website;
- copy, modify, or distribute content from the Website and the Website Owner's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent; or
- use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, holds or other policy
- The specific suppliers or manufacturers may have their own condition, due to they got specific requirement.
5. Violations of this policy may result in a range of actions, including:
- Listing cancellation
- Loss of Settlement Amount
- Limits placed on account privileges
- Loss of seller status
- Account suspension / termination
- Criminal charges / claim for damages
6. Abusing our Website
We keep our Website and services working properly and safe. Please report problems, offensive content and policy violations to us.
Our Website works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our Website team and we will investigate.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
7. Purchase and Payment
You should carefully read the item detail page and review information such as price, option price, (overseas) shipping charges, import duty, etc. and terms and conditions for sales before purchasing an item.
We take no responsibility and assume no liability for any loss or damages to a buyer arising from shipping information and/or payer information entered by the buyer or wrong remittance by the buyer in connection with the payment for the items purchased. We reserve the right to check whether a buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
If the country of the *Supplier / *Manufacturer (*delete where not applicable) is different from the country of the buyer, the buyer is considered the importer of record and must comply with all laws and regulations of the country in which the buyer is receiving the goods. Buyers should make sure that they can lawfully import the item into the buyer's country before purchasing the item.
Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the buyer's country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the item detail page explicitly; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country--please contact your local customs office for further information.
Your privacy is important to us, and we know you care how information about your order is used and shared. We would like our international buyers and sellers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.
Also, we or sellers may provide certain order, shipment, and product information - such as titles to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or sellers to state the value of the purchased item directly on the package.
On receipt of the payment from the buyer, the *Supplier / *Manufacturer (*delete where not applicable) should ship and enter delivery information including the name of the delivery company, the tracking number, as through the Website within a week from the date of the local delivery instruction. If for the overseas delivery instruction, it may take longer periods. If the *Supplier / *Manufacturer (*delete where not applicable) fails to do so, the Website Owner may cancel the transaction and shall not be responsible or liable for any loss or damages to the seller due to such cancellation.
*Supplier / *Manufacturer (*delete where not applicable) shall take all reasonable actions for buyers to receive purchased items within the time period specified by the Website Owner on the item detail page. If a *Supplier / *Manufacturer (*delete where not applicable) fails to deliver the purchased item within such period or the item was not received by the buyer due to a reason not attributable to the buyer (such as delivering to the wrong address), the *Supplier / *Manufacturer (*delete where not applicable) shall bear all liabilities relating thereto. If any transaction is cancelled due to a reason attributable to the *Supplier / *Manufacturer (*delete where not applicable) (e.g. non-delivery of the purchased items), the Website Owner may take actions against the *Supplier / *Manufacturer (*delete where not applicable).
The Website Owner may at its option provide overseas delivery service and other services related to delivery in association with third-party service providers.
10. Cancellation, Return and Refund
Buyers may cancel purchases at any time before shipment. Once shipped, purchases will be subject to return process rather than cancellation process. Notwithstanding the cancellation, charges will be incurred on purchases returned or cancelled which shall be back charged to the buyers.
Buyers may request for return of purchased items at any time within 24 hours to 48 hours from the date of receipt. With respect to return-related matters, relevant laws and regulations shall prevail over the terms and conditions suggested by sellers.
Return costs shall be borne by the party attributable to the return request, such as:
- the buyer, where the return is due to his/her change of mind; and
- the *Supplier / *Manufacturer (*delete where not applicable), where the return is due to the defects in the item, delivery delay or delivery of the wrong or different item.
For overseas purchases, return attributable to the buyer may not be practically possible due to high return costs. Website Owner or *Supplier / *Manufacturer (*delete where not applicable) take no responsibility and assume no liability for such cases.
In the event the return is as a result of a defect in the purchased items, the *Supplier / *Manufacturer (*delete where not applicable) shall be liable to replace the purchased items if it is so desired by the buyers.
11. Pricing and Website Owner Activities
Website Owner shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated through the Website and shall not post inaccurate information.
The price of items and option items for sale will be determined by the Website Owner in consultation with the *Supplier / *Manufacturer (*delete where not applicable) at his/her own discretion. The Website Owner and/or *Supplier / *Manufacturer (*delete where not applicable) may wish to take into consideration all relevant factors, including, without limitation Basic Fees, Option Item Fees, Shipping Charge Fees and other service fees. Also the settlement amount (before deducting other service fees therefrom) payable to a seller for a sale will be determined by the seller at his/her own discretion based on the price of the items and Basic Fees.
The price of an item and Shipping Charge shall include the entire amount to be charged to buyers such as sales tax, value-added tax, tariffs, etc. and sellers shall not charge buyers such amount additionally and separately.
*Supplier / *Manufacturer (*delete where not applicable) agree that the Website Owner may at its discretion engage in promotional activities for and on behalf of *Supplier / *Manufacturer (*delete where not applicable) to induce transactions between buyers and sellers by reducing, discounting or refunding Basic Fees and other service fees, or in other ways. In no event, such adjustment of Basic Fees and other service fees will affect the originally determined settlement amount payable to *Supplier / *Manufacturer (*delete where not applicable). The final price that buyers will pay actually will be the price that such adjustment is applied to.
For the purpose of promoting the sales of the items listed by *Supplier / *Manufacturer (*delete where not applicable), the Website Owner may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by the Website Owner.
Website Owner shall issue receipts, credit card slips or tax invoices to buyers on request, if such issuance is required under the laws of Malaysia, and *Supplier / *Manufacturer (*delete where not applicable) agree that the Website Owner may issue such receipts or tax invoice under the name of the *Supplier / *Manufacturer (*delete where not applicable) for and on behalf of the *Supplier / *Manufacturer (*delete where not applicable).
12. International Trading
*Supplier / *Manufacturer (*delete where not applicable) may list their items on our global website (www.halalfoodmaster.com) for international or cross-border trading and it is important that all listings and transactions comply with applicable laws. *Supplier / *Manufacturer (*delete where not applicable) are responsible for ensuring that their transactions are lawful in both the country of the *Supplier / *Manufacturer (*delete where not applicable) and the country of the buyer. Website Owner strongly encourage *Supplier / *Manufacturer (*delete where not applicable) to learn about the laws of their own country as well as the countries where they plan to do business.
Website Owner and/or *Supplier / *Manufacturer (*delete where not applicable) should make sure that the item they're selling can be lawfully posted outside of the country where they live and also make sure that they can lawfully import the item into the buyer's country before sending the item. Website Owner and/or *Supplier / *Manufacturer (*delete where not applicable) should discuss possible export and/or import problems with potential buyers, do careful research, and hire an expert if necessary to make sure that all transactions comply with all applicable laws.
Website Owner and/or *Supplier / *Manufacturer (*delete where not applicable) may help ensure compliance with applicable laws by following these listing practices:
- State on the item detail page that you'll only ship your items to the countries which legally allow the items to be imported.
- Include a clause in the item detail page describing any limitations on the items. For example, "No shipment to Japan."
13. Service Fees
Joining this Website is free.
Website Owner does not charge buyers any fees for purchasing and bidding on listed items and we do not charge Website Owner and/or *Supplier / *Manufacturer (*delete where not applicable). We do charge sellers fees for completed transactions such as Basic Fees, Shipping Charge Fees and other service fees for marketing and promotion features. When Website Owner and/or *Supplier / *Manufacturer (*delete where not applicable) list an item or use a service that has a fee, Website Owner and/or *Supplier / *Manufacturer (*delete where not applicable) have an opportunity to review and accept the fees that Website Owner and/or *Supplier / *Manufacturer (*delete where not applicable) will be charged based on our Fees Schedule.
*Supplier / *Manufacturer (*delete where not applicable) shall submit personal/business identification information such as a copy of NRIC, passport or the certificate of incorporation and bank account information together with a document evidencing that the bank account is owned by and in the name of the *Supplier / *Manufacturer (*delete where not applicable) within 2 weeks from the date of *Supplier / *Manufacturer (*delete where not applicable) registration. *Supplier / *Manufacturer (*delete where not applicable) shall not claim against the Website Owner for damages, including outstanding payment of settlement amounts, resulting from delay of submission of such identification and bank account information.
The amount payable by the Website Owner to the *Supplier / *Manufacturer (*delete where not applicable) for any transactions through our Website (the "Settlement Amount") will be calculated by subtracting all service fees from the amount paid by the buyers. The Settlement Amount shall be deposited into the bank account of the *Supplier / *Manufacturer (*delete where not applicable) every end of the month in principle after the date on which delivery is completed, together with Shipping Charge (after deducting Shipping Charge Fee), if any, paid by buyers. Website Owner may at its discretion curtail the term based on *Supplier / *Manufacturer (*delete where not applicable) performance.
Website Owner may deduct from the Settlement Amount any expenses or loss to the Website Owner due to *Supplier / *Manufacturer (*delete where not applicable). To protect against the risk of liability, payments of the Settlement Amount may be subject to holds at our discretion.
Users of our Website may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." Users of our Website may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Website Owner reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If Users of our Website do post content or submit material, and unless we indicate otherwise, you are deemed to have granted the Website Owner a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You are deemed to have granted the Website Owner and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Website Owner for all claims resulting from content you supply. Website Owner has the right but not the obligation to monitor and edit any activity or content. Website Owner takes no responsibility and assumes no liability for any content posted by you or any third party.
17. Other Businesses
Parties other than the *Supplier / *Manufacturer (*delete where not applicable) operate stores, provide services, sell products or list advertisement on this Website, and this site may link to sites of affiliated companies and certain other companies. Website Owner is not responsible for examining or evaluating, and does not warrant the products of such business or individual or the content of their web sites. Website Owner does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
If you have a dispute with one or more users, you release Website Owner (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
19. Access and Interference
Our Website contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to the Website Owner by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
20. Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of the Website Owner and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.
For the avoidance of doubt, if Website Owner has reasonable grounds to believe that any User is in breach of any of the terms of this Agreement, Website Owner reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, Website Owner may disclose the User's identity and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Website Owner is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Website Owner shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring action or claim against Website Owner for such disclosure.
22. No Warranties
You will not hold the Website Owner responsible for other users' content, actions or in-actions, or items they list, including things they post. You acknowledge that we are not a traditional online shopping service provider or auctioneer. Instead, Website Owner provide a Halal Foods marketplace for buyers and sellers and arranges transactions between such buyers and sellers. Website Owner is responsible for operating and managing its Website and makes reasonable efforts in order to maintain efficient services. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and *Supplier / *Manufacturer (*delete where not applicable) agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the *Supplier / *Manufacturer (*delete where not applicable). We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Website and services.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS WEBSITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO THE USER "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WEBSITE OWNER HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, WEBSITE OWNER ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL THE WEBSITE OWNER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS WEBSITE IS SOLELY AT THE USER'S OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO SOME USERS.
23. Limitation of Liability
THE USER SPECIFICALLY AGREES THAT THE WEBSITE OWNER SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. THE USER SPECIFICALLY AGREES THAT THE WEBSITE OWNER IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. THE USER SPECIFICALLY AGREES THAT THE WEBSITE OWNER IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL THE WEBSITE OWNER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, WHETHER OR NOT THE WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
24. No Agency
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between the Website Owner and any buyer or *Supplier / *Manufacturer (*delete where not applicable).
Except as explicitly stated otherwise, any legal notices shall be served on Website Owner via registered mail, to 19th Floor, Plaza OSK, Jalan Ampang, 50450 Kuala Lumpur (in the case of the Website Owner) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.
26. Applicable Law and Jurisdiction
By visiting this Website, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and the Website Owner.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
For the avoidance of doubt, if Website Owner has reasonable grounds to believe that any User is in breach of any of the terms of this Agreement, Website Owner reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or on-going criminal or civil wrongdoing. Further, Website Owner may disclose the User's identity and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Website Owner is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Website Owner shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring action or claim against Website Owner for such disclosure.