Terms Of Conditions
USER TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding agreement between you as a user (“User”, “you” or “your”) and
“EcoQueen” or Platform (as defined below herein) provider means Shimmero Sdn. Bhd. (Company No.: 13223753-T), a company incorporated in Malaysia and having its registered address at G-6, Amara Boulevard, and Condominiums, Jalan Raintree Utama, Batu Caves, 68100, Kuala Lumpur.
“EcoQueen” (hereinafter referred to as “us”, “our” or “EcoQueen”) and regulate your access and use of the Platform and any use of Services made available by us via the Platform.
a)Sellers Terms and Condition (only applicable if User is also a Seller); and
b) Policies: Refunds and Return Policy.
These Terms and Conditions by reference, and collectively represent a legally binding agreement between the Users and EcoQueen. In the event of any inconsistency or discrepancies or variation, provisions based on the following hierarchy shall prevail. The hierarchy of the terms will be as follows:
a)Refunds and Returns policy.
b) User Terms and Condition.
These Terms and Conditions will apply uniformly to all Users of the Platform.
Please also note that EcoQueen reserves the right to modify, update, and/or amend these Terms and Conditions at any time at its sole and absolute discretion. All modifications, updates, or amendments will be posted on the Platform and shall be effective and binding upon posting onto the Platform. You are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform. You should therefore read these Terms and Conditions carefully each time you visit the Platform.
You shall cease to use the Platform if you are not agreeable to any amendments or modifications of the Terms and Conditions.
EcoQueen does not take any responsibility, nor does EcoQueen agree to indemnify you for losses you suffer arising from the modifications, updates, or amendments of the Terms and Conditions or your failure to keep yourself updated on the modifications,
updates or amendments of the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any
losses that you may suffer arising therefrom.
Certain sections of these Terms and Conditions may not apply to all Users. Where a particular section of these Terms and Conditions applies to a single category of persons, we will indicate the same accordingly.
THE PARTIES AGREE AS FOLLOWS:
1. DEFINITION & INTERPRETATION
1.1 Words importing the singular shall include the plural, words importing the masculine gender shall include the feminine and neuter genders, and words importing a person shall include their firm and corporation and viceversa.
1.2 Any reference in this Agreement to any statute or statutory provision, order or regulation shall be construed as including a reference to that statute or statutory provision, order or regulation as from time to time amended modified extended or re-enacted whether before or after the date of this Agreement and to all statutory instruments, orders, regulations and directives modifying or extending the same.
1.3 The headings to the Clauses are inserted for convenience of reference and shall not be considered in the construction or interpretation of this Agreement. References to Recitals, Clauses, Appendices and Schedules are references to recitals, clauses of, appendices and schedules to this Agreement.
1.4 Unless otherwise stated, times in this Agreement shall be of the essence for the purpose of the performance of the Parties’ obligations under this Agreement.
1.5 The contra proferentum rule shall not apply to this Agreement.
1.6 “Buyer/s” shall mean customers, potential or actual buyers who visit or use the Platform to purchase or browse through Products sold by sellers on the Platform.
1.7 “User” shall refer to registered and unregistered account holders with the Platform, and this includes a Buyer, Seller, and/or a Publisher, who has agreed to be bound by the Terms and Conditions, and who is entitled to use the Platform to view products, purchase Products from and/or sell Products to other Users via the Platform.
1.8 “Platform” shall mean the online e-commerce marketplace platform provided on the EcoQueen website (www.ecoqueen.co) which enables users/customers to view goods, buy products and/or services, read content on blogs and interact with community by providing comments and reviews on products through our website.
1.9 “Products” shall mean the products, goods and/or services listed on our Platform by sellers to be sold or marketed to customers/users who visit our Platform.
1.10 “Seller” shall refer to registered product/service providers with the Platform, who has agreed to be bound by the Seller Terms and Conditions, and who is entitled to use the Platform to sell, market and promote Products to other Users via the Platform.
1.11 “Direct Dealing Transactions” defined as any sale and purchase transaction of Products with a Seller or another User outside the Platform and/or without using the payment services provided via the Platform.
2.1 By accessing the Platform and/or signing up for an Account and/or using and/or continuing to use the Services you
consent to the following :
(a) you have read and understood these Terms and Conditions.
(b) you are more than 18 years of age and are fully fit, competent, and authorized to legally consent and agree to these Terms and Conditions; and
(c) you irrevocably and unconditionally agree to be bound by these Terms and Conditions and any amendments issued by us from time to time.
2.2 EcoQueen reserves an exclusive right to refuse and refrain you from any access to the Platform and/or service and/or to allow you to sign up for an Account for any reasonable reason that EcoQueen finds it to be.
2.3 Please note that Minors are not permitted to access, visit, or browse the Platform and/or the Services. Minors are also not allowed to download, visit or browse the Platform and/or use any of the Services. EcoQueen shall not be responsible for any :
(a) the online conduct of such Minor,
(b) the controlling of the Minor’s access to and use of the Platform and the Services, and
(c) the consequences of any misuse thereof by the Minor, including but not limited to Transactions entered into by the Minor such access and use.
3.1 We grant you a non-exclusive, non-transferable, and revocable license to use the Platform, subject to these Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach and/or incompliance of these Terms and Conditions shall result in the immediate revocation of the license granted herein without any further notice/announcement to you. On that basis, the license for use of this Platform and/or the Services is effective until terminated.
3.2 Content provided on this Platform is solely for informational purposes. Product representations, submission, and opinion expressed on this Platform are those of the Seller and/or of the individuals posting such contents. Such representation, submissions, and opinion may not necessarily reflect EcoQueen’s views or beliefs . Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
3.3 All proprietary content, trademarks, service marks, brand names, logos, and other Intellectual Property of EcoQueen displayed on the Platform are the property of EcoQueen and where applicable, third-party proprietors identified in the Platform. No right or license is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title, or interest therein.
3.4 By using or accessing the Platform you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform, and it’s content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform, or its contents. You shall not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website, mobile application, or platform. In addition, you agree that you will not use any robot, spider, or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Platform).
3.5 We reserve the right, but shall not be obliged to do the following:
(a) monitor, screen, or otherwise control any activity, Content, or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms and Conditions contained herein and may take any action we may deem appropriate.
(b) prevent or restrict access of any unauthorized User to the Platform and/or the Services.
(c) report any suspicious activity that is deemed a violation of any applicable law, statute, or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time, and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading, or fraudulent information and/or data.
3.6 You are welcome to link to the Platform from your website, provided that your website does not imply any endorsement by or association with EcoQueen. You acknowledge that EcoQueen may, in its sole discretion and at any time, discontinue providing the Services or access to the Platform, either in part or, without notice.
4. CONTENT LIMITATION
4.1 You shall not commit the following:
(a) upload, post, transmit, or otherwise, make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, offensive, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, and/or which infringe or misappropriate the Intellectual Property Rights of EcoQueen or other third parties;
(b) violate any laws, including without limitation any laws and regulation concerning export and import restrictions, third party rights, weapons, drugs, or any other illegal products and/or services, and/or any policy we may have regarding prohibited and restricted items.
(c) utilize the Platform and/or the Services to harm minors in any way.
(d) utilize the Platform and/or the Services and/or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
(e) duplicate headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Platform.
(f) confiscate and/or remove any proprietary notices from the Platform;
(g) cause, permit or authorize the modification, creation of derivative works of, or translation of the Platform without the express permission of EcoQueen
(h) utilize the Platform and/or the Services for the benefit of any third party or in any manner inconsistent with these Terms and Conditions;
(i) utilize the Platform and/or the Services and/or upload Content in ways that are deemed fraudulent, unconscionable, false, misleading, or deceptive;
(j) open and/or operate multiple user Accounts in connection with any conduct that violates either the letter or spirit of these Terms and Conditions;
(k) access the Platform, open an Account, or otherwise access an Account using an emulator, simulator, bot, or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User’s postings and/or listings;
(m) take any action that may demoralize the feedback or rating systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Platform and/or the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by EcoQueen concerning the Platform and/or the Services and/or data transmitted, processed, or stored by EcoQueen;
(o) collect or gather any information about or regarding other Users, including, without limitation, any personal data or information;
(p) upload, email, post, transmit, or otherwise make available any Content that you do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
(q) upload, email, post, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorized form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) interfere, or manipulate, or disrupt the Platform and/or Services or servers or networks connected to the Platform and/or Services and/or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform;
(u) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Platform and/or the Services or the servers or networks connected to the Platform and/or the Services;
(v) utilize the Platform and/or the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws, and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(w) utilize the Platform and/or Services to garner or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
(x) copy, reproduce, compile, modify, distribute, or resell any Services or Contents, or otherwise exploit the same for commercial purposes.
4.2 You shall not use the Services, access, and/or manipulate the Platform in a manner that is fraudulent or deceptive,
dishonest, not authorized, and/or not in conformance with the Terms and Conditions, which shall include but is not
limited to the following :
(a) transferring your Account and User ID to another party and/or allowing access by a third party to your Account and User ID without our express written consent;
(b) directly entering into and completing any Direct Dealing Transactions;
(c) exploiting or attempting to exploit any benefits provided by EcoQueen (including but not limited to discounts and/or promotions) by signing up for multiple accounts and/or submitting an Order with no intention to complete the Transaction;
(d) manipulating the price of any Product or interfering with other Users’ listings; and/or
(e) taking any action that may undermine the feedback or rating systems (such as displaying, importing, or exporting feedback information from the Platform or using it for purposes unrelated to the Platform).
4.3 You shall conduct yourself following good public order and morals, and shall refrain from the following conduct on the Platform:
(a) persistently raising complaints without any reasonable grounds or justification.
(b) repeated cancellation or returning products that are not particularly defective or unsatisfactory without reasonable grounds or justification;
(c) engaging in behaviour which violates public order or is destructive to generally accepted customs or norms of EcoQueen behaviour which may be determined as unacceptable by us in our sole and absolute discretion.
4.4 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not EcoQueen are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Platform. You understand that by using the Platform, you may be exposed to Content that you may consider being offensive, indecent, or objectionable. To the maximum extent permitted by applicable law, under no circumstances will EcoQueen be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred because of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.
4.5 You acknowledge that EcoQueen and its associates shall have the right (but not the obligation) at their sole discretion to pre-screen, refuse, delete, stop, suspend, remove, or move any Content, including without limitation any Content or information posted by you, that is available on the Platform. Notwithstanding the above, EcoQueen and its associates shall have the right to remove whole or any part of the Content that:
(a) violates these Terms and Conditions;
(b) if we receive a complaint from another User;
(c) if we receive a notice of Intellectual Property infringement or other legal instruction for removal; and/or
(d) if such Content is otherwise objectionable.
4.6 We may also block delivery of a communication (including, without limitation, status updates, postings, messages, and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions.
4.7 You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by EcoQueen or submitted to EcoQueen including, without limitation, information in all other parts of the Platform.
4.8 You acknowledge, consent, and agree that EcoQueen may access, preserve and disclose your Account information and Content if required to do so by law or under an order of a court or by any governmental or regulatory authority having jurisdiction over EcoQueen or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms and Conditions;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of EcoQueen, its Users, and/or the public.
4.9 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations without prior approval of EcoQueen .
4.10 You shall inform EcoQueen (if) you are asked to enter any Direct Dealing Transactions. EcoQueen shall not be held responsible for any errors, omission, or inconvenience caused and suffered by the User arising from such Direct Dealing Transaction.
5. INTELLECTUAL PROPERTY
5.1 All Intellectual Property Rights, whether registered or unregistered, in and to the Platform, content uploaded by EcoQueen to the Platform and all the Platform design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software shall remain our property or where applicable, our affiliates or third-party intellectual property owners. The entire contents of the Platform also are protected and governed by copyright as a collective work under Malaysian copyright laws and international conventions. All rights are reserved.
5.2 No part or parts of the Platform, (including Intellectual Property thereon) may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant Intellectual Property owners.
5.3 Nothing in these Terms and Conditions shall be construed or deemed as granting or providing to you any right, license, interest, or permission to deal with any Intellectual Property in any way including, without limiting the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use any of EcoQueen Intellectual Property in an unauthorized manner. You may not use any of EcoQueen Intellectual Property without the prior written consent of EcoQueen Except as otherwise permitted by applicable law, any publication of any copyrighted work and/or Product is strictly prohibited without the written consent of the relevant owner of Intellectual Property Rights thereto.
5.4 Notwithstanding the provisions of these Terms and Conditions above, EcoQueen shall be entitled to commence legal proceedings to protect its Intellectual Property Rights and confidential information or for a breach or non-performance through injunctive or other equitable relief.
5.5 You shall ensure that all Content including without limitation listings, information, specifications, photographs, and Products for sale as supplied or provided by you on the Platform do not infringe or violate any Intellectual Property Rights.
5.6 You acknowledge that You have sole responsibility for the use of any third-party Intellectual Property Rights included in the Content.
5.7 You shall not infringe the rights of EcoQueen and/or other Users, including any Intellectual Property Rights and any passing off thereof;
5.8 You shall not list Products and/or post Content which infringe upon the Intellectual Property Rights of third parties or use the Platform and/or Services in a manner which will infringe the Intellectual Property Rights of others;
5.9 You shall notify EcoQueen as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to EcoQueen, its directors and employees, and/or the Platform arising from your use of any Intellectual Property Rights shall be fully compensated by you.
5.10 By submitting Content for inclusion on the Platform, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to EcoQueen.
5.11 You acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Platform, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with the law, and legal restrictions associated with any Content. You hereby grant EcoQueen and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, and publicly display such Content on, through or in connection with the Platform in any media formats and through any media channels and/or platforms, including, without limitation, for promoting the Platform and/or the Services and redistributing part of the Services (and its derivative works) without the need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. To the extent such waiver is not permitted by law, you hereby irrevocably and unconditionally consent to the use, treatment, alteration, removal or destruction and attribution of the Content as deemed appropriate by EcoQueen and/or EcoQueen successors, assignee and respective licensees, and any persons who are authorized by EcoQueen or by such licensee or successor in title to do acts comprised in the copyright, which would otherwise be deemed an infringement of moral rights. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
5.12 Any Submission is not considered confidential by EcoQueen and may be disseminated or used by EcoQueen without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Accordingly, you acknowledge and agree that you have no expectation of privacy to Submissions that you submit via the Platform, as they may be viewed and/or accessed by other Users of the Platform and/or the public.
5.13 By making a Submission to EcoQueen, you acknowledge and agree that EcoQueen and/or other third parties may independently develop software, applications, interfaces, products, and modifications and enhancements of the same which are identical or similar in function, code, or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant EcoQueen and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to develop the items identified above and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, and publicly display any Submission on, through or in connection with the Platform in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Platform and/or the Services (and its derivative works).
5.15 Each contributor to the Platform of any Submission is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with the law, and legal restrictions associated with their Submission. As such, EcoQueen is not responsible for, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with the law, and legal restrictions associated with any Submission. You will not hold EcoQueen responsible for any User’s actions or inactions relating to a Submission, including, without limitation, things they post or otherwise make available via the Platform.
6. PRIVACY / PERSONAL DATA
7. SUSPENSION OF SERVICES
7.1 EcoQueen may restrict or temporarily suspend the access to the Platform and/or the provision of all or part of the Services to you in the event such Services and/or access to the Platform are unable to be provided due to the following:
(a) maintenance work on the Platform and/or the Services;
(b) the occurrence of a power or communications outage;
(c) technical problems on the part of our third-party suppliers or partners;
(d) the occurrence of a natural disaster, act of terrorism, or other Force Majeure events; and/or
(e) any other reason(s) that EcoQueen may deem necessary for such suspension.
7.2 Upon the suspension of the Services, EcoQueen may post a notification on the Platform on the suspension of the Services as soon as reasonably practicable.
7.3 EcoQueen in no way guarantees continuous or secured access to the services and/or the Platform (and/or any operation thereof) that may be affected, interfered and/or obstruct by any known and/or unknown factors that are external of EcoQueen’s control and power.
7.4 EcoQueen shall not be liable for any damages or losses that you or any third party may suffer or sustain because of any restriction or temporary suspension of any Services following these Terms and Conditions.
7.5 EcoQueen reserves the right to, without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
8. CLAIMS FROM A THIRD PARTY
8.1 Where you have received claims from a third party that your Submissions infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to legal action, you shall to the furthest extent possible exempt, denying involvement and/or engagement of EcoQueen, its directors and employees, and the Platform in the subject of such claims.
9.1 EcoQueen does not control the behaviour of Users or the information provided by Users that is made available on the Platform. Consequently, EcoQueen does not provide any guarantees or assurance in respect of the Transactions undertaken by Buyers and Sellers, and does not warrant the following:
(a) the existence, quality, completeness, appropriateness, safety, or legality of any Product;
(b) the legitimacy of any intent to sell or purchase a Product by a Buyer or Seller;
(c) whether a Product infringes the rights of any other third party;
(d) the truthfulness, accuracy, or legality of any information posted by a Seller or a Buyer in respect of a Product; and/or
(e) that all Transactions will be completed.
9.2 Any liabilities and risks relating to Transactions undertaken between a Buyer and a Seller shall be borne by the relevant parties. As such, before proceeding with any transaction on the Platform, you must make your own independent assessment and determination regarding the statements, Product descriptions, the representations of the other party and the party’s ability to pay for or deliver the Products offered and specific terms and conditions imposed by Sellers regarding refunds, exchanges and returns (if any).
10. EXCLUSION OF LIABILITIES
10.1 You will not hold EcoQueen responsible for other Users’ Submissions, actions or inactions, or Products listed by Users, including Content they post.
10.2 You understand and acquiesce that Transactions between you and other Users on the Platform are deemed to be private contractual arrangements between you and such Users, and EcoQueen is not a party to, and is not an agentfor and does not represent the Users or you in such Transactions, and has no authority to act for either party. EcoQueen is only responsible for the operation and management of the Platform and to make reasonable efforts to maintain the efficiency of the Services on the Platform. Accordingly, whether in your capacity as a Buyer or a Seller (as the case may be), you shall be solely and directly responsible for all liabilities related to Transactions entered between you and other Users and about any information provided by you to other Users and vice versa.
10.3 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to EcoQueen.
10.4 Any description given of the Products is given by way of identification only and the use of such description shall not constitute a sale by description.
10.5 EcoQueen shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by a Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow a Seller’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without a Seller’s approval.
10.6 EcoQueen and the Platform does not guarantee the quality, safety, or legality of the Products and/or the service, the truth or accuracy of the content or listings of Sellers and other Users on the Platform, or that a Seller or Buyer will complete a particular Transaction.
10.7 EcoQueen and the Platform do not transfer legal ownership of Products from a Seller to a Buyer. The Buyer will become the Product’s lawful owner upon the physical receipt of the Product from Seller.
10.8 If disputes arose between one or more Users, you hereby discharge EcoQueen, 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.
10.9 Accordingly, to the extent that is legally permitted, EcoQueen excludes all implied warranties, terms, and conditions. EcoQueen is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Platform and/or the Services.
10.10 EcoQueen assumes no responsibility for any errors, inaccuracies, or omissions whatsoever in the information on the Platform, and under no circumstances will EcoQueen be liable for any loss or damage by your reliance on information obtained through the Platform. It shall be your responsibility to evaluate the accuracy, completeness, and usefulness of any information and provided, and use of the Platform is solely at your own risk.
10.11 EcoQueen shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury, or expense, howsoever arising, out of, or in connection with the sale, purchase, delivery, supply, or use of the Products and/or the Services, particularly where such Services and/or parts thereof are provided by third-party service providers. Under no circumstances will EcoQueen be liable for any loss of profits, loss of data, or for any other special, indirect, incidental, or consequential damages, whether foreseeable or unforeseeable, based on claims of a User or whether in action for contract, breach of warranty, tort or otherwise.
10.12 EcoQueen is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without EcoQueen’s prior written approval and the Buyer shall indemnify EcoQueen against each loss liability and cost arising out of such claims.
10.13 EcoQueen shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Products has not been paid in cleared funds.
10.14 Where there is any defect in the quality or condition of the Products or where the Products fail to correspond with specification, Buyer may apply to return the defective and/or damaged Products to Seller in exchange for a replacement or a refund, under the Seller’s Return and Refund Policy, as well as EcoQueen Return and Refund Policy.
10.15 EcoQueen shall refund or reimburse the payment to the Buyer subject to the sellers approval of such refund and acceptance of defects . Please refer to details on the Returns & Refunds can be found in the said EcoQueen Return and Refund Policy.
10.16 Third-party links and/or widgets provided throughout the Platform will let you leave the Platform. These links and/or widgets are provided as a courtesy only, and the websites and/or platforms they link to are not under the control of EcoQueen in any manner whatsoever and you, therefore, access them on your own risk. EcoQueen in no circumstances is responsible for the contents of any such linked website or platform, or any link contained within a linked website or platform, including any changes or updates to such website or platform. By using the Platform, you agree that EcoQueen shall not be liable in any manner due to your use of, or inability to use any third-party website, platform, or widget. You further acknowledge and agree that EcoQueen may disable your use of, or remove, any thirdparty links, or applications on the Services to the extent they violate these Terms and Conditions.
10.18 All materials, information, software, products, services, and other content contained in the platform, or from a linked website and/or platform is provided to you “as is” without warranty or conditions of any kind, express or whether 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.
10.19 EcoQueen has made reasonable efforts to post current and accurate information on this platform; however, EcoQueen assumes no responsibility for any errors, inaccuracies, or omissions whatsoever in the information provided on this platform. Under no circumstances will EcoQueen be liable for any loss or damage to the users caused by reliance on information obtained through this platform. It is the users’ responsibility to evaluate the accuracy, completeness, or usefulness of any information provided and use of this platform is solely at your own risk.
10.20 EcoQueen 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 through this platform. Specifically, you agree that EcoQueen is not liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. Specifically, you also agree that EcoQueen is not responsible for any content sent using the communication services and/or included in this platform by any third party.
10.21 In no event shall EcoQueen be liable for any special, incidental, indirect, or consequential or punitive damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, including without limitation, those resulting from:
(a) reliance on the materials presented,
(b) costs of replacement products,
(c) loss of use, data or profits,
(d) delays or business interruptions,
(f) theory of liability, out of or in arising connection with the use of, inability or to use this platform, whether or not EcoQueen has been advised of the possibility of such damages.
11.1 You agree to indemnify, protect, and hold harmless EcoQueen, and its Indemnified Parties from and against all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of the following but not limited to:
(a) any Transaction made on the Platform or any dispute about such Transaction;
(b) the hosting, operation, management, and/or administration of the Services and/or the Platform by or on behalf of
(c) your violation or breach of any term of these Terms and Conditions or any policy or guidelines referenced herein;
(d) your use or misuse of the Services and/or the Platform;
(e) your breach of any law or any rights of a third party; and/or
(f) any Submission contributed by you.
12. FORCE MAJEURE
12.1 EcoQueen shall not be liable to any party for any delay in or failure to provide access to the Platform and/or the Services due to any event of Force Majeure.
13.1 Unless otherwise stated herein, all notices to EcoQueen according to these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered post to the following address Shimmero Sdn.Bhd. (Company No.: 13223753-T), a company incorporated in Malaysia and having its registered address at G-6,Amara Boulevard, and Condominiums, Jalan Raintree Utama, Batu Caves, 68100, Kuala Lumpur.
13.2 Notices to EcoQueen via email shall be effective on the date of transmission if it shall be sufficient to show that the email has been despatched with the appropriate delivery receipt received to prove that such e-mail has been duly sent.
14.1 These Terms and Conditions operate at its fullest extent permissible by law. If any provision (or any part thereof) of these Terms and Conditions shall be deemed illegal, unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision (or any part thereof) shall be deemed severable from these terms and conditions 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.
15. GOVERNING LAW AND JURISDICTION
15.1 The Terms and Conditions shall be governed by and construed by the laws of Malaysia, and any claims or disputes of whatever nature shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.