GGGPAY's USER AGREEMENT
1.3 In order to use certain parts of the Services, you will be required to register an account with us. You represent and warrant that if you are registering an account as an individual, you are at least 18 years old or older and that you are fully capable and competent to enter into and to comply with these Terms.
If you are under the age of 18, you must get permission from a parent or legal guardian to register an account and that parent or legal guardian must agree to these Terms. If you are the parent or legal guardian of a minor who is registering an account with us, you must accept these Terms on the minor's behalf and you shall be responsible for all use of or access to the Services and/or Site.
1.4 You shall be solely responsible for safeguarding and maintaining the confidentiality of your account, including your username and password and all activities relating to and/or in connection with your account. You shall not share or permit others to use your account/password and shall not assign or transfer your account to any other party. We shall not be responsible or liable (directly or indirectly) in any way for any loss or damage of any kind incurred as a result of or in connection with, your failure to comply with the terms herein.
1.5 GGGPAY has the right, at our sole discretion, to update, change or modify any part of these Terms at any time by posting updates and/or changes to our Site. Once the relevant and/or changes are posted, they are deemed to have taken effect immediately. Your continued use of or access to our Services means that you accept the revised agreement.
For the purpose of these Terms, the following shall be applicable:-
2.1 "Coordinator" refers to person who coordinates or assists the distribution of the goods delivered by the Merchant(s) to a designated location in a community whereby the Users are required to pick up the ordered goods at such location and time as detailed in the Shopping Guide posted on our Site.
2.2 "Merchant" refers to supplier (be it online or otherwise) who supplies, produces, sell or makes available the goods to be picked up by the Users at a designated location in a community through the Services provided by GGGPAY.
2.3 "GGGPAY APP" refers to the application (including software, design and other material) independently developed by CITA LAYAR SDN BHD to provide an online trading platform that connects Users and Merchants for online purchase and/or sale of goods produced, provided or made available by the Merchants..
2.4 "User or "you" refers to the person who registered and used GGGPAY to purchase goods online.
3.1 GGGPAY is an online trading platform that allows Merchants and Users to connect with one another through the Services or Site. In order to build a healthy and regulated online platform, CITA LAYAR SDN BHD endeavours to adopt strict review on and close cooperation with Merchants to filter out false orders.
3.2 GGGPAY is not a supplier of goods and GGGPAY's role is solely to facilitate the availability of the Site and Services. Similarly, GGGPAY is not a contracting agent or representative of any Merchant and Coordinator. Merchants and Coordinators are independent contractors and not employees or agents of GGGPAY. GGGPAY has no control over the conduct of Merchant, Coordinator and other users of the Site and Services, and GGGPAY disclaims all liability in this regard in toto .
3.3. We have the right, but not the obligation, to monitor any activity and content associated with the Services and Site (including the quality, safety or legality of the goods transacted or related services). In view of the fact that the GGGPAY platform needs to process and analyze massive information, it is impossible to review the information, quality and safety of every single goods and/or services individually as well as the legality, authenticity, and accuracy, Users should judge with caution.
4.1 Once an account is registered with us, the Users can do the following:-
We reserve the right, at our sole discretion, to discontinue or cancel any of the above benefits at any time without liability.
4.2 You agree that you shall:
(a) provide accurate information, including but not limited to name, email address, phone number, contact address, etc, when registering an account with us. Users are also obliged to notify GGGPAY to update the above personal information when there is a change;
(b) follow, adhere to and comply with GGGPAY's guides and/or policies (including but not limited to GGGPAY's Return Policy and Shopping Guide on online ordering, logistics distribution and others as mentioned therein).
4.3 You agree that you shall NOT (and you shall NOT permit anyone to) do any of the following:-
5.1 If the User has acted in breach of these Terms or has posted any of the following:-
(a) information or messages for the purpose of cost avoidance;
(b) information or messages for the purpose of improper marketing of external materials;
(c) fraudulent, fake or false information;
(d) information or messages not related to online ordering;
(e) information or messages with the intention to disrupt the standard operation of the Site;
(f) information or messages that violate the public interest or may damage the interests of GGGPAY and other users of the Site,
GGGPAY has the right, at our sole discretion, to do any of the following at any time without liability and without any prior notice :-
(i) to suspend the User's account for any such period as it deems fit;
(ii) to delete the relevant content/information posted or made available by the User, and/or
(iii) to forthwith terminate the User's access to and/or use of the Services and/or Site.
5.2 If the User has any dispute with Merchant, Coordinator or other users and requests GGGPAY to coordinate, GGGPAY has the right, but not the obligation, to investigate the situation and coordinate with relevant parties with the aim of assisting the parties to resolve the dispute or differences amicably.
5.3 GGGPAY has the right, at our sole discretion, to check any User's registration information and transactions. If there is any suspicious transaction, GGGPAY reserves the right to send inquiries to Users and request explanation or rectifications.
5.4 Notwithstanding anything stated herein, we may refuse to store, provide, or otherwise maintain your content for any or no reason. We may remove your content from the Services or Site, terminate your account, and prevent or limit your access to the Services or Site at any time if you violate these Terms or if the Services are cancelled, suspended or terminated.
6.1 You agree that GGGPAY may, in our sole discretion and for any or no reason, suspend or terminate your account without liability. You agree that any suspension or termination of your account may be without prior notice, and GGGPAY shall not be liable to you or any third party for such suspension or termination of your account.
6.2 Notwithstanding anything stated herein, GGGPAY may, in our sole discretion and for any or no reason, terminate the Services, Site (or any part thereof) without liability. You agree that any termination of the Services or Site (or any part thereof) may be without prior notice, and you agree that GGGPAY shall not be liable to you or any third party for such termination.
6.3 Upon termination of your account, Services or Site (as the case maybe), GGGPAY has no obligation to keep, retain any information in or related to the user's account, or forward any unread information to the user or a third party.
6.4 In addition and without prejudice to other rights GGGPAY may have, GGGPAY reserves the right to suspend or terminate your account without liability if any of the following is applicable :-
(b) After the user's account is suspended or terminated, the user directly or indirectly re-registers using particular of a third party;
(c) contact information (e.g. email address and contact phone number) provided by the user is invalid and the said user is not reachable in a maximum period of three (3) days; and/or
(d) details provided by user are (or suspected to be) false, fake or not genuine.
6.5 Upon any termination of the Services, Site or your account, these Terms will also terminate, but all provisions of these Terms which, by their nature, or expressly stated should survive termination, shall survive termination, including, without limitation, limitation of liability, warranty disclaimers, indemnification and proprietary rights.
7.1 You agree that to the fullest extent permitted by law, CITA LAYAR SDN BHD shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but without limitation to, any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
7.2 The limitations on GGGPAY's liability to you shall apply whether or not GGGPAY has been advised of or should have been aware of the possibility of any such losses arising.
7.3 You further agree that to the fullest extent permitted by law, in no event shall GGGPAY be liable to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), product liability or otherwise).
7.4 You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the Services or Site is to request for termination of your account and/or discontinue any use of the Services or Site.
7.5 If, notwithstanding the foregoing, GGGPAY is found by a court of competent jurisdiction to be liable, then, to the fullest extent permitted by law, its liability to you or to any third party is limited to the lesser amount of either :
(a) the amount paid by you for the affected goods; or
(b) Ringgit Malaysia one hundred (RM100.00) only.
8.1 Our Services, Site and all information, content, materials, goods and other services included on or otherwise made available to you are provided by GGGPAY on an "as is" and "as available" basis.
8.2 GGGPAY makes no representations or warranties of any kind, express or implied, as to the operation of the Services, Site and/or the information, content, materials, goods or other services included on or otherwise made available to you. You agree that your use of the Services or Site is at your sole risk.
8.3 GGGPAY does not represent or warrant to you that: (a) your use of the Services or Site will meet your requirements; (b) your use of the Services or Site will be uninterrupted, timely, secure or free from error, and (c) data or information provided through the Services or Site will be accurate.
8.3 To the fullest extent permitted by law, GGGPAY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. To the fullest extent permitted by law, GGGPAY shall not be liable for any damages of any kind arising from the use of the Services, Site, or from any information, content, materials, goods or other services included on or otherwise made available to you, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise stated in writing.
8.4 You are solely responsible for all of your communications and interactions with the Merchant(s) and/or Coordinator(s). You understand that GGGPAY makes no representations, endorsement or warranties as to the conduct or act of the Merchant(s) and/or Coordinator(s). You agree to take reasonable precautions in all communications and interactions with the Merchant(s) or Coordinator(s).
You agree to hold harmless and indemnify GGGPAY from and against any third party claim arising from or in any way related to :-
(b) your use of the Services or Site;
(c) your violation of applicable laws, rules or regulations in connection with the Services or Site, and/or
(d) your content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ solicitors’ fees, of every kind and nature.
10.1 You agree that GGGPAY owns all legal right, title and interest in and to the Site and Services (including but not limited to trademarks, service marks, brand names, logos, designs and other intellectual property) and that the Site and Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
10.2 You agree that you shall not use, copy, distribute or display any trademarks, service marks, brand names, logos, designs and other intellectual property owned by GGGPAY without our prior written consent.
11.3 GGGPAY reserves the right to report any activity that it suspects violates any applicable law or regulation to appropriate authority. To protect our systems and users we may access and disclose any information we consider necessary or appropriate to appropriate law enforcement officials, regulators, or other governmental officials. We reserve the right, at our sole discretion, to pursue a legal action for any suspected or actual illegal activities involving our Services.
12.1 These Terms shall be governed by the laws of Malaysia.
12.2 Unless otherwise expressly stated herein, any controversy, claim or dispute arising out of or relating to these Terms will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia. The arbitration proceedings, including the making of an award, shall take place at the Asian International Arbitration Centre ("AIAC"), and shall be in English. The award of the arbitrator shall be final and binding on the parties and the parties agree that such award may be entered in any jurisdiction over the parties and the parties shall comply with such award.
12.3 Notwithstanding the foregoing, GGGPAY reserves the right to pursue the protection of intellectual property rights through injunctive or other equitable relief through the courts.
If any provision of these Terms shall be deemed unlawful, illegal, void, or for any reason unenforceable under the law of any jurisdiction, then the relevant provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
If you have any questions, please do not hesitate to contact us at [email protected] or 0105691833