Plixstar User Terms of Service
1. Introduction
1.1 We are Inicorn Sdn Bhd (Company Registration No. 201501035155 (1160475-W)), a company incorporated in Malaysia and having its registered address at 3rd & 4th Floor, Wisma Giap Chew, 28 Church Street 10200 Penang, Malaysia (“Company”).
1.2 Our Company provides a business-to-business (B2B) & business-to-consumer (B2C) e-commerce platform for our customers through website and mobile applications (“Platform”), named Plixstar.
1.3 The Terms of Service (“Terms”) govern the usage of and the information contained in the Platform as well as the usage of any digital infrastructure, services, information and functions made available by us at the Platform (“Services”). By accessing and/or using the Platform and/or the Services, you are deemed to have agreed to the Terms, and other terms and conditions contained in the policies of our Company (“Other Terms and Conditions”) and be bound by them and the amendments made by us from time to time them. Additionally, by accessing and/or using the Platform and/or Services, you are deemed to have consented to us processing your personal data and information as described in the Privacy Notice.
1.4 For the avoidance of doubt, the Terms and the Other Terms and Conditions constitute an agreement between you and our Company.
1.5 The Company reserves the right to change, modify, substitute, add, and/or remove any portion/part of the Terms and the Other Terms and Conditions at any time without prior notice. You shall be deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2. Eligibility
2.1 To place an order with the Platform, you must be over eighteen (18) years of age or a partnership, business or a company duly registered and/or incorporated under relevant and applicable laws in Malaysia.
2.2 One who is below the age of eighteen (18) or below the age of majority pursuant to the applicable laws in your country (“Minor”) is prohibited from using the Services and/or Platform. In any event, the parent(s) or legal guardian(s) of the Minor or person who has parental responsibility on the Minor shall be deemed to have consented to the Minor of using the Services and/or the Platform, agreed and accepted to the Terms and the Other Terms and Conditions on the Minor’s behalf and be responsible and liable for all of the Minor’s conducts and actions in respect to the use of and/or access to the Platform and/or Services and/or any charges associated with the Minor’s use of the Platform and/or Services and also keep the Company fully indemnified at all times against all actions, suits proceedings, claims, demands, loses, costs (including solicitor-client costs) and expenses whatsoever which may arise resulting from the Minor’s whatsoever conducts.
3. Restrictions
3.1 You must not misuse the Platform or make any attempt to extract data from the Platform in any way whatsoever, including but not limited to by using software or automated system.
3.2 You shall not commit or encourage the commitment of any of the following act or conduct, including: –
i. distributing or spreading a virus or post any material on the Platform which is malicious, harmful, and/or in any way offensive or obscene, annoying to other users, infringe upon the rights of other users;
ii. advertising, listing, or offering for sale any products or services which are prohibited or restricted by the Company, or any products or services which you do not have lawful authority to advertise, list, or sell on the platform; or
iii. committing or encouraging the commitment of any form of criminal act or conduct on the Platform.
3.3 Your failure to adhere to Clause 3 would constitute an offence under the Communications and Multimedia Act 1988 and we reserve the rights to lodge a report of the wrongful act or conduct to the relevant authorities and to take appropriate legal actions.
4. Privacy Notice
4.1 We have provided and published a Privacy Notice on the Platform which sets out our commitments to data protection and your rights in relation to your personal data in detail. Please read the Privacy Notice carefully to understand how we collect and use the information associated with your account and/or your usage of the Services.
4.2 By using the Services or providing information on the Platform, you are deemed to have consented to us collecting, recording, using, disclosing, storing, transferring and/or processing and disposing of your information and data (including personal data) as described in the Privacy Notice here.
5. Account Creation
5.1 In order to place an order on the Platform, you are required to create and register an account with us (“Account”) by providing certain personal and/or business information.
5.2 You shall ensure that all information submitted to the Company in connection with the creation, registration, and maintenance of the Account is genuine, accurate, complete, and up to date at all times.
5.3 You shall not create multiple user accounts on the Platform without the prior written consent of the Company.
5.4 To safeguard the security of the Platform and the Account, by creating and registering the Account, you are deemed to have agreed to:
i. keep your password and/or security code confidential and use only your User ID, password and/or security code when to log in;
ii. ensure that you log out from the Account at the end of each session on the Platform.
iii. notify us immediately of any unauthorized use of the Account, User ID, password and/or security code.
iv. ensure that the information on the Account and the Platform is accurate, genuine and up to date.
v. use the Account only in accordance with the Terms and the Other Terms and Conditions at all times; and
vi. not to use the Account in a manner or for any purposes which may be detrimental to and jeopardize our Company’s operations, interests,
reputation or goodwill.
5.5 You are fully responsible for all activities, products purchased and transactions that occur under your User ID and the Account even if such activities or transactions are not indeed conducted by you. We shall not be liable for any direct or indirect loss or damage arising from any unauthorised use or access of the Account.
5.6 For enhancement and improvement purposes, we may from time-to-time conduct software evaluation to assess the performance level of the Platform and/or Services. In this regard, by creating and registering the Account, you are deemed to have irrevocably and unequivocally consented to us conducting periodical reviews on your Account, including but not limited to assessing the activities and/or transactions carried out under your User ID on the Platform or via the Account.
5.7 We may from time to time require verification of your identity to confirm your ownership of the Account. This verification process is required for purposes including but not limited to as follows:
i. fulfilling our obligations to the relevant authorities to combat suspicious or unlawful activities, anti-money laundering activities and the funding of terrorism;
ii. enabling us to act swiftly when there is unauthorised usage of the Accounts; and
iii. resolving any disputes relating to the ownership of an Account.
5.8 You hereby irrevocably and unequivocally authorise us, whether acting on our own or through any third-party service providers, to make any inquiries and to collect any information and documentation that we consider necessary, relevant and appropriate to verify your identity. As part of this verification process, we may request, and you shall provide to us, information about yourself that is true, accurate, up-to-date and complete, and which can be verified through documentations legally recognized and accepted in the location where the documentations are issued.
5.9 You hereby irrevocably and unequivocally authorise us to obtain your credit information from our appointed registered credit reporting agency or agencies under the Credit Reporting Agency Act 2010. In so doing, you are deemed to have irrevocably and unequivocally granted us permission to engage our appointed registered credit reporting agency or agencies for the processing of your personal data (ie: credit data) we obtained from the result of the credit report under the Personal Data Protection Act 2010.
6. Account Holder’s Undertaking
6.1 You understand that all contents, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such contents originated. This means that you, and not the Company and/or the Platform, shall be entirely responsible for all contents uploaded, listings, product descriptions, reviews, posted, created, emailed, transmitted or otherwise made available by you through or on the Platform.
6.2 You acknowledge that we shall have the right (but not the obligation), exercisable at our sole and absolute discretion to pre-screen, refuse, delete, remove or amend any of the contents originated from you, including without limitation any contents or information on the Platform. For the avoidance of doubt, we shall have the right to remove any content without notice to you:
i. that violates the Terms and the Other Terms and Conditions;
ii. if we receive a complaint from another user;
iii. if we receive a notice of intellectual property infringement or other legal instruction for removal; or
iv. if such content is otherwise objectionable for any reason whatsoever.
6.3 We may also block or prevent delivery of a communication (including, without limitation, postings and/ or reviews) to or from the Services available on the Platform as part of our effort to protect our Services and/or our members or account holders, or otherwise enforce the provisions of the Terms against you. You agree that you are obliged to evaluate and bear all risks associated with the usage and reliance of and/or access to any of the contents originated from you.
6.4 You acknowledge that by accessing or using the Platform, you may be exposed to contents that you may consider to be offensive, indecent or objectionable. To the fullest extent permitted by applicable law, under no circumstances shall we be liable in any way for any content including but not limited to, error or omission in any of the contents, or loss or damage of any kind incurred as a result of the use and reliance of and/or access to any of the contents posted, emailed, created, transmitted or otherwise made available on the Platform.
6.5 You acknowledge and agree and are deemed to have consented that we may access, preserve and disclose your information available under your Account and the contents created by you if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority or such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and the Other Terms and Conditions; (c) respond to claims that any of the contents has violated the rights of any third party; (d) respond to your request(s) for customer service; or (e) protect the rights, property or personal safety of the Company and/or the Platform, its customers, members, account holders and/or the public.
6.6 By using and accessing to the Platform, you irrevocably and unequivocally undertake and agree that you shall not:
i. upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. use the Services available on the Platform to impersonate any person or entity, or otherwise misrepresent your aAiliation with a person or entity;
iii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
iv. remove or alter any proprietary notices from the Platform;
v. cause, permit or authorise the modification, creation of derivative works;
vi.use the Services available on the Platform for the benefit of any third party or any manner not permitted by the licenses granted herein or for fraudulent or illegal purposes;
vii. use the Platform and/or the Services in a dishonest or fraudulent way to obtain any advantage, benefit or secret profit from any third party;
viii. take any action that may undermine or manipulate the feedback or ratings systems;
ix.attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;
x. harvest or collect any information about or regarding other account holders, including, without limitation, any personal data or business information;
xi. upload, email, post, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
xii. 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;
xiii. upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid or ponzi schemes, or any other unauthorised form of solicitation; 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;
xiv. interfere with, manipulate or disrupt the Services or servers or networks connected to the Services 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;
xv. take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
xvi. use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, code, directive, guideline or policy including and without limitation, laws and requirements (whether having the force of law) relating to anti-fraud, anti-money laundering, counterterrorism, unlawful proceeds and anti-corruption;
xvii. use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced;
xviii. use the Services to violate the privacy of others or to stalk or otherwise harass another;
xix. infringe the rights of the Company and/or the Platform including any intellectual property rights and any passing off of the same thereof;
xx. reproduce, attempt to reproduce, counterfeit or resell any bonus points or reward points from the Company and/or the Platform; and
xxi. use the Services to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
6.7 You shall indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, related entities, directors, officers, agents, representatives, co-branders and employees at all times from all legal actions, claims and demands which may be instituted or made against the Company arising from your non-compliance of the Terms and Other Terms and Conditions as well as your unlawful act or conduct.
7. Terms of Sale
7.1 The Terms and the Other Terms and Conditions, information and particulars set out herein are an invitation to treat only and they do not constitute an offer for sale. No contract in respect of any products shall exist between you and the Company until the subject products are shipped to your address.
7.2 To place an order to purchase the products available on the Platform, you are required to follow the steps to purchase on the Platform. Upon submission of your purchase order(s), you will receive a confirmation from us confirming and acknowledging your order (“Order Confirmation”). You acknowledge that your receipt of an Order Confirmation from us is not considered as an acceptance of your order by us and does not form a contract.
7.3 Your order shall be deemed accepted by us only upon delivery of the products to the delivery address provided by you. You will receive an email notification when your order has been shipped, and a subsequent email notification confirming that the order has been successfully delivered to you or your authorised representative.
7.4 Whilst we will make our best efforts to ensure that details, descriptions and prices of all the products published on the Platform are accurate, there may be instances where errors or mistakes may occur. In the event of an error or a mistake occurring in relation to the products shown on the Platform, we or the merchants on the Platform may at our sole and absolute discretion decide to cancel your order. If this occurs, we will notify you of the cancellation of your order via an email. In the event you have already completed the payment process for your order, we or the merchants (whichever applicable) will provide you a full refund of the amount paid in accordance with the terms and timelines of refund as set out in our Return and Refund Policy.
7.5 Product prices on the Platform are set by the seller and are displayed in Malaysian Ringgit (RM). Where applicable, any Sales and Services Tax (SST) is the sole responsibility of the seller and must be included in the product price. The Platform does not collect or remit SST on behalf of sellers. Delivery costs will be charged in addition to the price of the product(s) shown on the Platform. The details of the price of the product(s), delivery costs, if applicable, and any additional charges will be clearly shown and appear under the title “Total Sum”.
7.6 The Platform and/or the merchants on the Platform are under no obligation to fulfil your order(s) in the event the details, descriptions and price listed on the Platform are incorrect even though we have acknowledged or confirmed your Order.
7.7 Payments for your order(s) can be made by using any of our payment partners as listed on the Platform. You can pay in full or in part of the total sum of your order(s) using e-Voucher(s) or e-Gift Card(s) as and when they are available on the Platform.
7.8 Any e-Gift Card or e-Voucher shall be entered at the check-out page prior to the submission of your purchase order. The Company and/or the Platform reserve the right to reject any e-Gift Card or e-Voucher in the event it is discovered that the eGift Card or e-Voucher is invalid or has been redeemed or has expired.
7.9 In order to minimise the risk of unauthorised access or usage of your payment card(s), we will encrypt your card data. We will request pre-authorisation on your card upon receiving your order(s) to ensure there are sufficient funds available to complete your purchase. Your order will not be confirmed until this pre authorisation check has been completed. Your payment card will be debited upon receipt of the acknowledgement of your order(s) (“Order Acknowledgment”) from
us.
7.10 You shall ensure that the payment card used to pay for your order belongs to you only and that your payment card has sufficient funds or credit facilities to pay for the Total Sum of your order. You shall also ensure that you are the legitimate holder of the e-Gift Card(s) or e-Voucher(s) or any promotional voucher(s) and that these e-Gift Card, e-Voucher or promotional voucher(s) have not been redeemed or expired.
7.11 In the event you realise that you have made a mistake with your order, please contact our customer service via live chat service available on the Platform or email us at care@plixstar.com immediately and we will attempt to rectify the mistake within a reasonable period. Please note that we will not be able to process your request in the event your order has been shipped. Therefore, please check and review your order carefully before placing order on the Platform.
7.12 The Company and/or the Platform reserves the right to withdraw any products from the Platform at any time and/or remove or edit any content published on the Platform and/or change the product’s details, descriptions and price. We will use our best endeavours to process all orders however, there may be circumstances whereby we may have to refuse to process your Order after we have emailed you an Order Acknowledgment. The Company and/or the Platform reserves the right to cancel, reject or refuse to process any order at any time at our sole and absolute discretion and we shall not be held liable to you or any third party by reason of our withdrawal of any order made on the Platform.
7.13 In the event of cancellation of any order by us, we will refund all payments made by you in full. Upon the refund, you shall not have any right to make any claim, action or demand in respect of the cancelled order against us and the Company shall not be held liable to you or any third party in respect of the cancelled order.
8. Delivery
8.1 Your order(s) will be delivered to the delivery address provided and selected by you upon checking out of the order(s). The estimated date and time of delivery will be indicated at the time you check out your order(s) and the same will be stated in the Order Acknowledgement.
8.2 We will attempt to notify you in the event of any change to the estimated delivery date and time and in these circumstances you hereby agree and acknowledge that we shall not be held liable and/or responsible to you for any loss, damage, liabilities, charges or costs which may be incurred or suƯered by you due to the delay in delivering your order(s). In this regard, you may consider placing your order(s) in advance in the event you require the product(s) on an urgent basis.
8.3 You may be required to provide certain information or personal details and/or sign and acknowledge the delivery of your order(s) by signing on the acknowledgment copy of the relevant delivery order. If you encounter any issue for your delivery or acceptance of your delivery, please contact our customer service via live chat or email us at care@plixstar.com. You shall provide the relevant documents and information to our customer service upon the request of our personnel(s). In the event you have not received your order but the order status on our Platform shows otherwise, please contact our customer service in which case our customer service will advise you accordingly and you are required to provide any relevant documents and information as requested by our personnel in order to resolve your issues and problems.
8.4 All risks in and associated with products ordered by you shall pass to you upon delivery. Upon delivery of your order to you, the Company shall not be held liable or responsible for any loss or damage of the products in respect of your order.
8.5 In the event you are not available to accept delivery, you will be contacted to make arrangements for the delivery of the product(s) to you pursuant to your order again. You may contact our customer service in this circumstance.
8.6 In the event you advertently refuse and/or fail to accept delivery of your order from the carrier notwithstanding our attempt to re-send the products to you pursuant to your order, we are entitled to:
i. charge you for storage fees and any other costs reasonably incurred by us; and/or
ii. cancel your order(s) by notifying you via email provided by you and refund to you the payment made by you according to the payment mode selected by you during your purchase.
9. Plixstar’s Cancellation Policy
9.1 Once payment has been made, the buyer is not allowed to cancel the order. However, the buyer may contact our customer service team to request for a cancellation, which will be subject to review and approval at our sole discretion. Approval may be granted only under exceptional circumstances, such as:
i. the order was paid within one (1) hour and has not been packed or shipped by the seller;
ii. the buyer was informed that the product ordered is unavailable, out of stock, or will be delayed beyond the originally indicated delivery date;
iii. the product ordered has ceased production
9.2 For cancellation request, the buyer shall communicate with our customer service team via Live Chat or email at care@plixstar.com .
9.3 Save and except for the circumstances stated at paragraph 9.1 above, there is no cancellation allowed after the buyer pays for his/her order unless the seller is unable to fulfil the order.
9.4 In the event the seller wishes to cancel the order made, please contact our customer service team via Live Chat or email us at care@plixstar.comand provide the order reference number and any other relevant details as required by our personnel(s).
9.5 Any refund of the fee/charges paid will only be granted in the circumstances set out in Clauses 9.1-9.4 and is subject to the Terms and Terms and Condition.
9.6 The buyer may check the status of his/her cancellation request at user dashboard.
10. Return and Refund Policy (other than Resin or Raw Materials)
10.1 The buyer is allowed to return/ request for refund for his/her order(s) under the following circumstances subject to the Company’s and/or the sellers’ investigation, verification and examination provided that:
i. the product has not been received by the buyer after 10 working days from the date of purchase;
ii. the product received is materially different from the product listed by the seller;
iii. the product received does not match the descriptions and specifications stated by the seller on the Platform;
iv. the product received is incomplete, such as missing parts of the product resulting in the product unable to function properly or the product comes in incorrect quantity;
v. the product received is a counterfeit item;
vi. the packaging of the product received has been torn or tampered with. In such case, the buyer is required to provide at least 3 clear photographs of the condition of the parcel received and email them to the customer service team together with the reference number of the order;
vii. the product received is defective or damaged and the defect or damage is not attributable to the buyer;
viii. the product received has a shelf life of less than 3 months from the order date as stated on the Platform (for example, certain perishable goods), unless the buyer has been notified and agreed beforehand;
ix. If the return is not due to the seller’s fault, the buyer shall bear the return shipping costs;
x. if there is a dispute over responsibility for return shipping costs, the Company shall, at its sole absolute discretion, determine the responsible party.
10.2 The buyer must provide the relevant information and/or documents to our customer service team to process the return request, including but not limited to the following:
i. order number and tracking number;
ii. a copy of quotation;
iii. a copy of invoice;
iv. a copy of receipt; and
v. at least 3 clear photographs of the condition of the parcel or the product(s)
10.3 In respect of replacement of a product, the buyer shall communicate and discuss directly with the seller for any arrangement for a replacement product and the communication and discussion shall take place within 48 hours of receipt of the product.
10.4 The buyer may contact our customer service team via live chat or email us at care@plixstar.com for assistance in returning the product(s) to the seller. The Company and/or the Platform personnel would endeavour to assist the parties to resolve the issue amicably or suggest an appropriate resolution.
10.5 For any approved return, the product(s) must be returned and received by the relevant seller before a refund or replacement can be processed. All returned products must be in their original condition and packaging, including any complimentary items or accessories. The Company and/or seller reserve their rights to reject the buyer’s return request, if in their opinion, the product has been consumed or used by the buyer.
10.6 Walk-in returns are not accepted.
10.7 Refund process will take approximately 7 to 14 working days after the returned
products are received and verified.
10.8 Approved refunds will be credited to the buyer’s bank account as provided in your Account and/or on the Platform.
11. Return and Refund Policy for Resin or Raw Materials
11.1 In the event the buyer’s order consists of plastic resin or raw materials and the buyer wishes to return the subject order, the buyer is required to follow the following steps to return the relevant products:
i. check the delivery order and ensure the registration number of the vehicle carrying the products is identical as the details stated in the delivery order;
ii. do not unload / remove / relocate the products from the pallet;
iii. capture at least 3 clear images of the damaged products and ensure the images captured clearly show the whole vehicle, its registration number together with the products in its vicinity, damaged products / spillage / broken bag; and
iv. contact the relevant seller and send the seller the captured images within 60 minutes upon the arrival of the vehicle which carries the products at the buyer’s premises.
11.2 The Company and/or the Platform and/or the sellers on this Platform reserve their right to refuse acceptance of the goods returned by the buyer in the event the buyer fails to follow any of the step set out above in respect of plastic resin products or raw materials.
11.3 In the event the buyer is allowed to return the plastic resin products or raw materials, the seller shall bear the transportation costs incurred/to be incurred to collect the products from the buyer’s premises.
11.4 In the event the buyer is allowed to return the plastic resin products or raw materials, the buyer is required to do as follows:-
i. store the products in a facility that is appropriate to the nature of the products until the products are picked up by the seller;
ii. in the case of damaged products of which the packaging has been opened, the buyer shall pack the products properly to avoid any spillage and missing loose pieces to enable handling by the seller;
11.5 In the event that the buyer wishes to request for an exchange of the raw materials or plastic resin products, the approval of the same shall be determined by the Company and/or the seller at their sole and absolute discretion.
11.6 For any products other than plastic resin products or raw materials, the buyer who wishes to return the order shall follow the following steps and the approval of which shall be subject to the Company’s and/or the seller’s sole and absolute discretion:
i. to contact the seller within 48 hours upon receipt of the order; and
ii. to provide the relevant information, details and/or photographs of the products as requested by the relevant seller.
12 Defective Products (Resin or Raw Materials Only)
12.1 You acknowledge that all descriptions, details, information and material of the product(s) posted on the Platform are provided on an “as is where it is posted” basis and there shall be no other warranties express, implied or otherwise.
12.2 You acknowledge that all images and colours of the products shown on the Platform may differ slightly from the actual product(s) you receive.
12.3 In the event the product received by you is defective, please contact our customer service within 48 hours from the date of receipt of your order and you are required to provide the relevant particulars and information requested by our customer service personnel in order to enable us to check, examine and process your report.
12.4 The seller will arrange personnel to inspect the product at your location. No physical return of the product is required until the seller has made a final decision on whether a replacement or refund is appropriate.
12.5 The Company reserves its rights to refuse to process your request for replacement or exchange and may at our sole and absolute discretion offer you a refund as a suitable remedy subject to our Return and Refund Policy.
12.6 If the seller determines that the product is not defective, the seller may refuse to offer a replacement or refund. You may be responsible for any reasonable costsincurred by the seller during the inspection, and by placing your order, you authorise the seller to charge such costs to the payment method you used
13. Intellectual Property and Content
13.1 All intellectual property rights whether registered or unregistered including but not limited to trademarks, copyright, industrial design, and patents on the Platform, and all contents including but not limited to images, text, layout, graphics, software compilations, underlying source codes and software are property of the Company.
13.2 You understand and agree to not copy, pass-off and/or infringe all or any intellectual property belonging to the Company.
13.3 Third party links may be provided throughout the Platform. These links are provided as a courtesy only, and the website connected to the links are not under our control in any manner whatsoever and if you choose to access them, you hereby agree to do so at your own risk. We are in no manner responsible nor liable for the contents of the websites connected to the links. We provide these links merely as a convenience and the inclusion of any link does not in any way imply or express aƯiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.
14. Disclaimers
14.1 The Services are provided on an “as is where is” basis and without any warranties, claims or representations made by the Company and/or the Platform of any kind either express, implied or statutory with respect to the Services including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose nor are there any warranties created by way of dealing, performance or trade usage. Without limiting the foregoing and to the maximum extent permitted by applicable law, the Company does not warrant that the Services, the Platform or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free or that defects, if any, will be corrected or that the Platform that makes the same available is free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any harmful codes, instructions, programs or components.
14.2 You acknowledge that the entire risk arising out of the use or performance of the Platform and/or the Services remains with you to the maximum extent permitted by the applicable law.
14.3 The Company and/or the Platform has no control over and do not guarantee or accept any responsibility for:
i. the fitness for purpose, existence, quality, safety or legality of items available via the Services/Platform; and/or
ii. the ability of the user to sell items or to pay for items. If there is a dispute involving one or more users, the users agree to resolve such dispute between themselves directly and for the avoidance of doubt, the Company and its affiliates shall not be liable or responsible in any of the claims, demands and damages arising out of or in connection with any of such dispute.
15. Exclusions and Force Majeure
15.1 The Company shall not be liable or responsible, whether in contract, tort (including and without limitation, negligence [whether active, passive or imputed], product liability, strict liability or other causes of theory), or other causes of action at law, in equity, by statute or otherwise, for:
i. (a) loss of use; (b) loss of profits; (c) loss of revenues; (d) loss of data; (e) loss of good will; (f) failure to realise anticipated savings in each case whether direct or indirect; and/or (g) other loss or damages; or
ii. any indirect, incidental, special or consequential damage, arising out of or in connection to the use or inability to use the Platform or the Services, including without limitation, any loss and/or damage resulting therefrom.
15.2 We shall not be liable for any delay or failure to perform any of the Services, where the cause or such delay or failure is beyond our reasonable control. Such causes may include but are not limited to acts of God, riot, civil commotion, strike (whether or not involving employees of the Company), lockout or other labour disturbance, fire, war, acts of foreign enemies, power outage, pandemics, epidemics, network congestion, telecommunications failure, electrical power failures, or any fault, interruption, disruption or malfunction of equipment, tools, utilities, communications, computer (software or hardware) services or networks,government order or changes in any law or regulation which renders the performance not practicable.
15.3 If we consider a force majeure event to be of such severity or to be continuing for such period of time that we are unable to perform any of our obligations, we shall have the sole and absolute discretion to decide on such alternative arrangements(s) including but not limited to terminating the Terms and the Other Terms and Conditions and/or any specific contract or transaction (as defined in the Specific T&C defined below) and without being liable to you other than providing you with a refund of payments for order(s) made by you for which are not performed or unable to be performed.
15.4 You acknowledge, accept and agree that all disclaimers, exclusions and limitations of liability set out in these terms of use represent a fair and reasonable allocation of risks and benefits of the agreement between us and you, taking all relevant factors into consideration including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the stated risk. You further agree that these disclaimers, exclusions and limitations shall be enforceable to the fullest extent permitted by applicable law.
16. Violation of Terms of Use
16.1 Any violation of the Terms and the Other Terms and Conditions may result in a range of actions, including but not limited to any or all the following:
i. limits placed on Account privileges;
ii. suspension or termination of your Account;
iii. civil actions including without limitation a claim for damages, specific performance and/or interim or injunctive relief.
16.2 If you have reasonable belief that any of user on our Platform is violating these Terms or Other Terms and Conditions, please contact us via email at care@plixstar.com or through any of the communication channel(s) made available to you on the Platform.
17. Suspension, Termination, Account Deactivation and Closure
17.1 Suspension and Termination
a. You agree that we may, at our sole and absolute discretion, with or without notice to you or any third party, suspend or terminate your Account and your User ID, remove or discard from the Platform any content associated with your Account and User ID, withdraw any promotions, offers, deals or subsidies offered to you, cancel any transaction associated with your Account and User ID, temporarily disable your access to any or all of the Services and/ or features on the Platform, withhold any and all sale proceeds or refunds (as the case may be), disclose your personal information or take any other actions that we deem necessary. Typical reasons for such actions may include, but are not limited to:
i. the Account being inactive for a consecutive period of twelve (12) months;
ii. having multiple user accounts or allowing unauthorised persons to access and use the Account;
iii. in our opinion of a reasonable belief that, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Platform and/or Services;
iv. you are in breach or we have reasonable grounds to believe that you are in breach of any of these Terms, the OtherTerms and Conditions and/or any applicable terms and conditions as may be provided by us from time to time, or you have engaged in any conduct prejudicial or detrimental to the Company and/or the Platform or in our opinion, your acts are prejudicial to the interests of the Company and/or the Platform;
v. you are in breach of any acts, statutes, laws, by-laws, rules, regulations, guidelines and/or policies imposed by any authority, regulatory body or government agency;
vi. you have acted in bad faith or with malicious intent or we have reasonable grounds to believe that your behaviour is harmful, of defamatory nature or abusive to other users, third parties, the Company and/or the Platform;vii. your name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing) under the applicable laws governing anti-money laundering, anti-terrorism financing and/ or corruption and/or such other local, foreign or international laws and regulations of similar nature;
viii. if we are required to do so pursuant to an order of a court or by any governmental or regulatory authority having the relevant jurisdiction;
ix. you have submitted false documents or have declared false information in your registration with or application to us; and/or
x. you fail to provide any additional information which we may request from you from time to time for verification purposes.
Please note that the usage of the Platform, Services and/or an Account for suspicious, fraudulent, illegal, harassing, defamatory, threatening or abusive purposes may be referred by us to the relevant law enforcement authorities without notice to you.
b. If we suspend your Account(s), we shall have the absolute right and discretion to disable your utilisation of any or all Services and/or hold back any and all refund or money or benefit due to you (as the case may be) until and unless clearance has been obtained from the relevant authorities and/or the satisfactory completion of any investigation.
c. In the event your access and/or utilisation of the Platform and/or Services is suspended, ceased or terminated by us due to suspicious, fraudulent, illegal or unlawful transactions including but not limited to breaches of any law or any rules, regulations, policies and/or guidelines made thereunder), you will not be able to continue to utilise any or all Services and shall not be entitled to obtain any money or refund or benefit whatsoever. It shall be lawful for us to retain for as long as it is necessary, or deal at our own reasonable discretion with, or release to the relevant authorities, any money or refund or benefit (including any Cashback issued to you) in accordance with applicable legislations, rules, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.
17.2 Consequences of Account Termination
a. Upon termination of the Account due to any reason whatsoever, unless otherwise agreed in writing by us, any and all unredeemed merchant offering or unutilisedcashback, if applicable, will be deemed to have expired immediately and be removed from your Account. Any outstanding payments due by you to us and/or the merchant(s) shall become immediately due and payable and we shall be entitled to deduct the same from the payment methods made available by you to us on your Account without further consent from you. Further consequences are as stipulated in the Specific T&C.
b. Any provision of the Terms and Conditions which expressly intends or by implication is intended to continue to remain effective and binding on the User after the termination of Account and/or the termination of Services, such as provisions concerning the user’s warranties, undertakings and indemnities to us,shall survive such termination
18. User’s Representations and Warranties
18.1 By accessing the Platform, use of the Services and/or registering an Account with us, you irrevocably represent, covenant and warrant to us that:
i. you possess the legal capacity, right and ability to accept and enter into the Terms and the Other Terms and Conditions and to comply with all the terms and conditions contained herein in your own capacity or as parent, legal guardian and any person who has parental responsibility on the Minor on behalf of the Minor;
ii. if you are representing and acting on behalf a corporate body, you possess the full authority, capacity, right and ability to accept and enter into the Terms and the Other Terms and Conditions on behalf of the corporate body and to comply with all the terms and conditions contained herein;
iii. any and all information and documentations you provide or submit to the Company and/or the Platform for whatsoever purposes are and will remain true accurate, complete and up-to-date;
iv. you will access and use the Platform and/or Services for lawful purposes only and in accordance with these Terms and all applicable laws, rules, regulations, codes, directives, guidelines and policies in force from time to time; and
v. if so required, you will make yourself available to, and to render full cooperation and assistance to the Company and/or the relevant authoritiesconcerning any contentious matters, audits or investigations arising out of or in connection with your Account or use of the Platform and/or Services in order to ensure that such matters or investigations can be resolved amicably and efficiently.
vi. you have obtained and hold all relevant valid licence(s) required for the sale of the relevant products on the Platform, undertake to renew such licence(s) whenever it is necessary and required in accordance with the relevant legislation, orders, directives of the relevant authorities and shall promptly inform the Company of any changes thereto; and
vii. you shall promptly inform the Company of any ongoing or potential litigation, proceedings, suits or notice(s) of demand issued against you or any notice(s) by the relevant authorities that may adversely aƯect you financially or commercially.
19. Indemnity and Limitation of Liability
19.1 You agree to fully indemnify, defend and hold us, and our shareholders, subsidiaries, aƯiliates, related entities, directors, officers, employees, agents, representatives, co-branders and/or relevant business partners (collectively, the “Indemnified Parties“) harmless from and against any and all demands, claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, the legal costs (including solicitor-client costs) and dispute resolution expenses) incurred by any of the Indemnified Parties arising out of or relating to:
i. your violation or breach of any of the Terms and the Other Terms and Conditions or any policy or guideline referenced herein,
ii. your use or misuse of the Platform or Services, or
iii. your breach of any laws or any rights of a third party.
19.2 In no circumstances shall we be liable for loss of profit or goodwill, loss of data, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the customer/Users as a result of an action brought by a third party) even if we had been advised of the possibility of incurring the same.
19.3 Notwithstanding any other provisions of the Terms and the Other Terms and Conditions, our maximum cumulative liability to you or to any other party for all losses, arising out of or relating to your use of our Platform and/ or our Services, shall not exceed RM1,000.00 or its equivalent in your jurisdiction or the sum that you have paid to us under such individual contract or transaction, whichever is lower
20. Communications
20.1 All and any notices, demands, requests or other communications to be given or made under the Terms, including the Terms of Use shall be in writing, and shall be sufficiently given or made to the other party by serving such notice at or sending such notice by hand, registered post, email, electronic mail or text messaging to the contact details as notified by one party to the other from time to time or via the communication channel made available on the Platform;
20.2 Notice shall be deemed to have been given:
i. in the case of hand delivery, upon the receipt of the written acknowledgment signed by the recipient;
ii. in the case of registered post, five (5) business days after posting; and
iii. in the case of email, text messaging or the communication channel(s) available on the Platform, on the day of transmission provided that the sender has not received a failed or undeliverable message from the host provider of the recipient within the day of transmission or a read receipt is sent to and received by the sender.
20.3 Notwithstanding the above, you acknowledge that you may from time to time communicate with us verbally through the telephone to facilitate your request or the resolution of any issue or problem faced by you. If any significant subject matter has been agreed between us and you via a telephone conversation, our customer service team may thereafter confirm the same into writing and such notice will be sent to you via email.
21. Governing Law and Jurisdiction
21.1 The Terms and the Other Terms and Conditions shall be governed by and construed in accordance to the laws of Malaysia and shall submit to the exclusive jurisdiction of the Courts of Malaysia.
22. General Provisions
22.1 If any provision of the Terms and the Other Terms and Conditions shall be deemed invalid, unlawful, void or for any reason unenforceable under the law of any jurisdiction, then that provision 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. In such case, you acknowledge that we may introduce and come out with a substitute provision which is valid and enforceable and would achieve to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, covenant or undertaking and you hereby agree to accept and be bound by such substitute provision.
22.2 You are not entitled to assign, transfer or sublicense any rights and benefits granted to you hereunder. We shall be entitled to transfer or assign any of our rights or obligations under the Terms and the Other Terms and Conditions to a present or future aƯiliate or pursuant to a merger, consolidation, reorganisation or sale of all or substantially all of the assets or business, or by operation of law, without notice to you.
22.3 Nothing in the Terms and the OtherTerms and Conditions shall constitute a partnership, joint venture or principal-agent relationship between you and us, nor does it authorise you to make any representations or incur any costs or liabilities on our behalf.
22.4 Our failure to exercise or delay in exercising of any claim, remedy, right, power or privilege under these Terms shall not be operated and deemed as a waiver thereof, or any single or partial exercise of any claim, remedy, right, power or privilege shall not preclude any other or further exercise thereof or the exercise of any other claim, remedy, right, power or privilege by us. Our rights and remedies provided in the Terms and the Other Terms and Conditions are cumulative and not exclusive of any rights or remedies otherwise provided by law.
22.5 The Terms and the Other Terms and Conditions are solely for your and our benefit and are not for the benefit of any other person or entity, except our aƯiliates and subsidiaries (and each of our affiliates’ and subsidiaries’ respective successors and assigns).
22.6 The Terms and the Other Terms and Conditions set forth herein and any additional terms and conditions or policies included or referred to in the Terms and Conditions constitute the entire agreement and understanding between you and us with respect to the Platform, Account and/or Services.
22.7 The Company and/or the Platform reserve all rights not expressly granted herein.
22.8 The Terms and the Terms and Conditions may be translated into any language other than English (“Translated version”). In the event of any inconsistency between the English version and the Translated version, the English version shall prevail.
23. Specific Terms and Conditions (“Specific T&C”)
23.1 The following section additionally governs the specific Services offered by us to you. Your use of such specific Services shall constitute acknowledgement, agreement and acceptance to such relevant sections (“Specific T&C”). Unless otherwise stated in the respective Specific T&C, the Specific T&C shall prevail if there is any inconsistency between a Specific T&C and the Terms and Conditions
24. Amendments and Acceptance
24.1 The Company reserves the right to amend, update, modify, or revise these Terms, the Other Terms and Conditions, and/or the Privacy Notice at any time and at its sole discretion. Any such changes shall take effect immediately upon posting on the Company’s websites, mobile or tablet applications, or any other Company’s platform(s).
24.2 Please read these Terms, the Other Terms and Conditions, and the Privacy Notice carefully before accessing, using, purchasing, or obtaining any materials, information, products, or services. By accessing the Company’s websites, mobile or tablet applications, or any other feature, platform, or service provided by the Company, you acknowledge, agree, and accept that you are bound by the updated Terms, the Other Terms and Conditions, and the Privacy Notice.
24.3 If you do not accept all of these Terms, the Other Terms and Conditions, and the Privacy Notice, you must immediately discontinue your use of the Company’s websites, mobile or tablet applications, platforms, features, and/or Services.
https://plixstar.com/policy/ as of 03.03.2026
