TERMS & CONDITIONS OF USE
GENERAL INFORMATION
Ownership
This e-Marketplace website (“e-Marketplace”) is operated by Midaxu Sdn Bhd (“Midaxu”) and developed by Ukuya Sdn Bhd (“Ukuya”) in joint collaboration with the respective e-Community owner and shall be known as Midaxu e-Marketplace.
Access & Use
Your access to, and use of the materials contained in, Midaxu e-Marketplace is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the e-Marketplace (“Terms and Conditions”). By using e-Marketplace, you agree to be bound by these Terms and Conditions.
Amendments
Midaxu reserves the right to amend the Terms and Conditions without notice at any time. Your use of our e-Marketplace following such changes constitutes your agreement to be bound by the new Terms and Conditions.
Registration
To register with Midaxu e-Marketplace, you must be over eighteen (18) years of age unless otherwise authorised by your Community. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
Information Collected & Use of Information
Midaxu collects the details provided by you on registration together with information we learn about you from your use of our service and your visit to e-Marketplace.
By using Midaxu e-Marketplace, you expressly accept and give your unconditional consent that we may use any and/or disclose information about your demographics in any manner which does not reveal your identity for purpose of marketing, promotional, strategic development, research and customer care.
e-Coupon and Gift Vouchers Terms and Conditions
Your use of an e-Coupon and Gift Vouchers indicates your agreement to be bound by these e-Coupon and Gift Vouchers Terms and Conditions.
Midaxu reserves the right to withdraw or cancel an e-Coupon and Gift Vouchers for any reason at any time.
Midaxu shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of any e-Coupon and Gift Vouchers or any failure or inability of a customer to use an e-Coupon and Gift Vouchers for any reason.
Security and Fraud
When you use an e-Coupon and Gift Vouchers you warrant to Midaxu that you are the duly authorised recipient of the e-Coupon and Gift Vouchers and that you are using it in good faith. If you redeem, attempt to redeem or encourage the redemption of e-Coupon and Gift Vouchers to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
If we reasonably believe that any e-Coupon and Gift Vouchers is being used unlawfully or illegally we may reject or cancel any e-Coupon and Gift Vouchers and you agree that you will have no claim against us in respect of any rejection or cancellation. Midaxu reserves the right to take any further action it deems appropriate in such instances.
Intellectual Property and Proprietary Rights
All text, graphics, audio, video or image files, content, software, applications and information displayed on or available from this e-Marketplace, and all copyright, trade mark rights, design rights and other intellectual property rights in them (together, the “Proprietary Content”) are the property of Midaxu, Midaxu, Ukuya, our users, suppliers or licensors. This includes, without limitation, the organisation and lay-out of the e-Marketplace and the underlying software that is owned by us, our subsidiaries, affiliates, our users, suppliers or licensors.
The content of the e-Marketplace is protected by copyright, trademarks, database and other intellectual property rights. By using the e-Marketplace you are agreeing that Proprietary Content is available for personal use only and that you will not copy, modify, reproduce, publish, distribute or dispose of in any way or use for commercial purposes any Proprietary Content without written permission from Midaxu. Neither the Midaxu name nor any other Midaxu company name, trade mark, logo or design may be used or copied in any manner.
No licence is granted to you in these Terms and Conditions to use any trade mark of Midaxu, Midaxu, Ukuya, or of the Community or all affiliates, partners, vendors or providers or any other trademarks or brands on the e-Marketplace.
Limitations
You may not use the e-Marketplace for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; gaining unauthorised access to other computer systems;
- interfering with any other person’s use or enjoyment of the e-Marketplace;
- breaching any laws concerning the use of public telecommunications networks;
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- any claim by any third party that the use of the e-Marketplace by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the e-Marketplace by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the e-Marketplace by you.
Availability of the e-Marketplace
Although Midaxu e-Marketplace aims to offer you the best service possible, Midaxu makes no promise that the services at the e-Marketplace will meet your requirements, and cannot guarantee that any services will be fault free. If a fault occurs in the service you should report it by email at enquiry@midaxu.com and we will attempt to correct the fault as soon as we reasonably can.
Your access to the e-Marketplace may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. e-Marketplace will attempt to restore the service as soon as it reasonably can.
e-Marketplace’s right to suspend or cancel your registration
e-Marketplace may suspend or cancel your registration immediately at our sole discretion without assigning any reason whatsoever.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the e-Marketplace immediately. Any resumption of use constitutes an agreement on your part to acceptance to these Terms and Conditions and your agreement to be bound by these.
The suspension or cancellation of your registration and your right to use the e-Marketplace shall not affect either party’s rights or liabilities.
e-Marketplace’s liability
The e-Marketplace is provided by Midaxu without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.
Midaxu will ensure that information or material included on the e-Marketplace is correct, reputable and of high quality. Midaxu will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the e-Marketplace. If Midaxu is informed of any inaccuracies in the information or material on the e-Marketplace, Midaxu will attempt to correct the inaccuracies as soon as it reasonably can.
In particular, Midaxu disclaim all liabilities in connection with the following:
- incompatibility of the e-Marketplace with any of your equipment, software or telecommunications links;
- technical problems including errors or interruptions of the e-Marketplace;
- unsuitability, unreliability or inaccuracy of the e-Marketplace;
- inadequacy of e-Marketplace to meet your requirements.
To the full extent allowed by applicable law, in using this e-Marketplace, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the e-Marketplace. You further agree to indemnify and hold harmless Midaxu, Midaxu, Ukuya and all other Midaxu companies, their affiliates, subsidiaries and holding companies, the subsidiaries of their holding companies and each of their respective officers, directors, shareholders, employees, representatives and agents (and you shall continue to indemnify them and hold them harmless) in respect of all losses, liabilities, costs, claims, damages and demands suffered in connection with your conduct in using the e-Marketplace, your behaviour towards us, other Midaxu companies, our and their representatives, other users, any breach of law, any breach of these Terms and Conditions or any breach of any third party’s rights.
International Use
Midaxu makes no promise that any of items, content, materials and/or services on the e-Marketplace are appropriate or available for use in locations in international countries apart from the countries where it is intended to operate by Ukuya and its partner Communities. The accessing of the e-Marketplace from territories where its contents are illegal or unlawful is totally prohibited. If you choose to access this e-Marketplace from locations outside the intended countries of use, you do so on your own initiative and you shall be solely responsible for compliance with local laws.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and e-Marketplace ignores this, Midaxu will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Midaxu shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
These Terms and Conditions and the Privacy Policy constitute the entire agreement between you, the user, and Midaxu in relation to your use of the e-Marketplace and supersede all prior agreements and arrangements between us in relation to your use of the e-Marketplace . If any provision or part of these Terms and Conditions is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of all of the other provisions and parts of these Terms and Conditions will not be impaired.
No failure or delay by Midaxu in exercising or enforcing any right, power or remedy which arises under these Terms and Conditions shall operate as a waiver of that or any other right, power or remedy. No waiver by Midaxu shall be effective unless in writing and signed by an authorised representative of Midaxu.
PRODUCT TERMS & CONDITIONS
Our Product Terms & Conditions affect your rights and liabilities under the law and set out the terms under which Midaxu makes the products available to you.
Prices
Prices on e-Marketplace are current prices only and may be subject to changes at any time without prior notice. The total price shown in your shopping cart may differ from your final billing or invoice.
If the value of the goods to be delivered or already delivered is higher than the value stated in the shopping cart or order confirmation and if you consider that the difference between the price charged and the guide price shown on the e-Marketplace is unacceptable, the Customer has every right not to accept the goods. Any credits or refunds shall be in accordance with our Returns policy.
Despite our best efforts, promotional offers may have been mis-stated or an item may be mispriced. Midaxu wholly reserves the right at all times to correct the pricing by invoicing or crediting the customer for the additional or reduction of pricing as the case might be regardless of status of order including if the product or service has been delivered, provided that the Customer shall at all times be entitled to reject the goods purchased and subject to our Returns Policy.
Order Confirmation & Availability
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell nor a Midaxu guarantee of the availability of goods.
At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we have already charged you for, we’ll refund you the full amount of the cancelled portion of the order.
You shall be notified in advance wherever possible if the goods requested cannot be delivered for any reason whatsoever, and the Customer’s account will be credited accordingly.
Returns & Refunds
When you buy from the e-Marketplace, we want you to be happy with your purchase. However, we know sometimes you may need to return goods. Our Returns Policy sets out when you can return goods, and how to do so. Returns and refunds will be credited to Customer in the form of account credit at all times.
Payment
You can use a bank transfers with authorised banks or debit or credit card to pay for your shopping. We accept the following payment providers, issued by banks in Malaysia:
- Visa
- Mastercard
- UnionPay
- Debit Card
We also accept the following mobile payment app, issued by non-bank e-money in Malaysia:
- Boost Wallet
- GrabPay
- Touch ‘n Go
- ShopeePay
- Maybank QR Pay
Currently Midaxu will not accept cash as payment for your shopping. This is because our delivery partners cannot carry cash with them due to safety reasons.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items including shipping and related mandatory taxes or charges.
Customer Services
If you have any queries, please e-mail us at enquiry@midaxu.com.