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 (“Inicorn”).

1.2 These Terms of Use (“Terms”) govern your use of the website and mobile application provided by Inicorn, which is Plixstar (“Plixstar”, “we”, “us” or “our”) (collectively referred to as “the Platform”) and the use of any services, information and functions made available by us at the Platform (“the Services”). Before using the Platform or the Services, you (any individual or corporation) must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “the Terms and Conditions”) and you must consent to the processing of your personal data or the Company’s corporate information as described in the Privacy Notice. By accessing the Platform and/or using the Services, you agree to be bound by the Terms and Conditions and any amendments to the foregoing made by us from time to time. If you do not agree to the Terms and Conditions and the Privacy Notice, please do not access and/or use the Platform and/or the Services.

1.3 The Terms of Use stated herein constitute a legal agreement between you and Plixstar.

1.4 Plixstar reserves the right to change, modify, add, or remove portions of the Terms and Conditions at any time.  Changes will be effective when posted on the Platform with no other notices provided and you are 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 Plixstar, you must be over eighteen (18) years of age or a business or company duly registered and/or incorporated under applicable laws in your country.

2.2 If you are under the age of eighteen (18) or the legal age for giving consent hereunder pursuant to the applicable laws in your country (“the legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with the Terms of Use on the minor’s behalf and you will be responsible for the minor’s action, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform.  If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform and/or Services immediately.

3.Restrictions

3.1 You must not misuse the Platform or make any attempt to extract data from the Platform by using any software or automated systems without our consent and authority.

3.2 You shall not commit or encourage any form of criminal act on the Platform or distribute a virus or post any material on the Platform which is malicious, technologically harmful, or in any way offensive or obscene,  cause annoyance to other users, infringe upon the rights of other user’s rights, advertise other products apart from the products available on the Platform. Any breach of the provisions of this clause would constitute an offence under the Communications and Multimedia Act 1988. In the event of such breach, Plixstar will report the wrongful act to the relevant authorities and take the appropriate legal action.

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 our privacy policy in detail.  Please read the Privacy Notice carefully to understand how we collect and use the information associated with your account and/or your use of the Services.  By using the Services or providing information on the Platform, you consent to our collection, use, disclosure, storage, transfer and/or processing of your content and data (including personal data) as described in the Privacy Notice here.

5. Account Creation

5.1 In order to place an Order, you are required to create and register an account with us (“the Account”) by providing certain personal or business information.

5.2 You must submit true and updated information to us at all times.

5.3 You shall not misuse the Platform by creating multiple user accounts.

5.4 To safeguard the security of the Platform and the Account, you agree to:

      a) keep your password and/or security code confidential and use only your User ID, password and/or security code when logging in;

      b) ensure that you log out from the Account at the end of each session on the Platform.

      c) immediately notify us of any unauthorized use of the Account, User ID, password and/or security code.

      d) ensure that the information in the Account is accurate and up to date.

      e) use the Account only in accordance with the Terms of Use published (and updated from time to time) by us online; and

      f) not to use the Account in a manner or for any purposes which may be detrimental to and jeopardize Plixstar’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 were not conducted by you as we are unable and not obliged to investigate the authenticity of user’s identity or authority of such person effecting an activity or transaction. We shall not be liable for any direct or indirect loss or damage arising from unauthorised use or access of the Account or your failure to comply with the Terms of Use.

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. You hereby irrevocably consent and grant us authorisation for us to conduct periodical reviews on your Account, including but not limited to assessing the activities and/or transactions carried out by you 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: 

      (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 when unauthorised usage of Plixstar accounts has been detected; and

      (iii) resolving any disputes relating to the ownership of a Plixstar account.

5.8 You hereby irrevocably 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 to verify your identity. As part of this verification process, we shall request, and you shall provide to us, information about yourself that is true, accurate, current and complete, and which can be verified through documentation that is legally recognized and accepted in the location at which such documentation is issued.

5.9 You authorise us to obtain your credit information from our appointed registered credit reporting agency under the Credit Reporting Agency Act 2010. Furthermore, you grant us permission to engage our appointed registered credit reporting agency for the processing of your personal data under the Personal Data Protection Act 2010.

6. Account Holder’s Undertaking

6.1 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 Plixstar, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through or on the Platform.

6.2 You acknowledge that we and our designee(s) shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you that is available on the Platform. Without limiting the foregoing, we and our designee(s) shall have the right to remove any Content without notice to you:

      a) that violates the 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; or 

      d) if such Content is otherwise objectionable.

6.3 We may also block delivery of a communication (including, without limitation, postings and/ or reviews) to or from the Services available on this Platform as part of our effort to protect our Services and/or our members or account holders, or otherwise enforce the provisions of these Terms of Use. You agree that you are obliged to 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 fullest extent permitted by applicable law, may not rely on any Content made available by us or submitted to us.

6.4 You acknowledge that by accessing or using the Platform, you may be exposed to Content 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, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.

6.5 You acknowledge, consent to and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over us or in a belief based on good faith that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the 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 Plixstar, its customers and/or the public.

6.6 You shall not, and agree and undertake to Plixstar to not:

     a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

     b) use the Services available on the Platform to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

     c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services.

     d) remove or alter any proprietary notices from the Platform.

     e) cause, permit or authorise the modification, creation of derivative works.

     f) 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.

     g) use the Services in a dishonest or fraudulent way to obtain any advantage, benefit or secret profit from any third party.

     h) take any action that may undermine or manipulate the feedback or ratings systems.

      i) 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.

      j) harvest or collect any information about or regarding other account holders, including, without limitation, any personal data or business information.

      k) 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);

      l) 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.

      m) 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.

      n) 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.

      0) 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.

      p) 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.

      q) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, code, directive, guideline or policy including, without limitation, laws and requirements (whether having the force of law) relating to anti-fraud, anti-money laundering, counterterrorism, unlawful proceeds and anti-corruption.

      r) use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced.

      s)use the Services to violate the privacy of others or to stalk or otherwise harass another.

      t) infringe the rights of Plixstar including any intellectual property rights and any passing off of the same thereof.

      u) reproduce, attempt to reproduce, counterfeit or resell any bonus points or reward points from Plixstar; and/or

      v) 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 Plixstar and its subsidiaries, affiliates, related entities, directors, officers, agents, representatives, co-branders and employees from all actions, claims and demands which may be instituted or made against Plixstar arising from your use of third party’s intellectual property rights or violation of any applicable intellectual property laws.

8. Terms of Sale

8.1 The 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 Plixstar until the subject products are shipped to your address.

8.2 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, you will receive an Order Confirmation from us to acknowledge the receipt of your Order. You acknowledge that your receipt of an Order Confirmation from us is not considered as an acceptance of your Order by us.

8.3 Your order is only considered as being accepted by us upon delivery of the products by us to the delivery address provided by you at which time you will receive an email notifying you that your Order has been shipped and received by you or your representative.

8.4 Whilst we will make our best efforts to ensure that all product details, descriptions and prices published on the Platform are accurate, there may be instances where errors may occur. In the event of error or mistake occurring in relation to the price shown on the Platform, we or the merchants on the Platform may at our sole discretion to decide to cancel your order. If this occurs, we will notify you via email. In the event you have already completed the payment process for your Order, you will receive 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.

8.5 Prices are exclusive / inclusive of SST and are in Malaysian Ringgit. Delivery costs will be charged in addition to the price shown where applicable. The details of delivery costs, if applicable, and any additional charges will be clearly shown and will appear in the “Total Sum”.

8.6 Plixstar and/or the sellers on this Platform are under no obligation to fulfil your Order in the event the price listed on the Platform is incorrect even though we have acknowledged or confirmed your Order.

8.7 Payments for your Order can be made by using any of our payment partners as listed on the Platform. You can pay in full or part of the total sum of your Order using an e-Voucher or e-Gift Card.

8.8 Any e-Gift Card or e-Voucher shall be entered at the check-out page prior to the submission of your purchase order. Plixstar has the right to reject any e-Gift Card or e-Voucher in the event Plixstar discovers that the e-Gift Card or e-Voucher is invalid or has been redeemed or has expired.

8.9 In order to minimise the risk of unauthorised access or usage of your payment cards, we will encrypt your card data. We will request pre-authorisation on your card upon receiving your Order 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 Order Acknowledgment from us.

8.10 You shall ensure that the payment card used to pay for your Order belongs to you 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 or e-Voucher or any promotional voucher and that these e-Gift Card, e-Voucher have not been redeemed or expired.

8.11 In the event you realise that you have made a mistake with your Order, please our customer service via live chat or email [email protected] immediately to rectify the mistake. We will not be able to process your request in the event your Order has been shipped.

8.12 Plixstar 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 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. Plixstar reserves all rights to cancel, reject or refuse to process any Order at any time at our sole discretion and Plixstar shall not be held liable to you or any third party by reason of our withdrawal of any Order made on the Platform.

8.13 In the event of cancellation of any Order by us, we will refund all payments made by you in full. Plixstar shall not be held liable to you or any third party in the event of withdrawal or cancellation of any product or Order placed on the Platform.

9. Delivery

9.1 We will deliver your Order to the delivery address provided by you. The estimated date and time of delivery will be indicated at the time you check out your Order which will be updated in the Order Acknowledgement.

9.2 We will make attempt to notify you in the event there are any changes to the estimated delivery time and in these circumstances you agree and acknowledge that we shall not be held liable to you for any loss, damage, liabilities, charges or incidental costs which may be suffered by you due to the delay in delivery of your Order. In this regard, you are required to place your Order in advance in the event you require the products on an urgent basis.

9.3 You may be required to provide certain information or personal details and/or sign and acknowledge the delivery of your Order 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 Plixstar’s Customer Service via chat / email [email protected]. You shall provide the relevant documents and information to our Customer Service upon our personnel’s request. In the event you have not received your Order but the order status on our Platform shows otherwise, please contact Plixstar’s Customer Service in which case our Customer Service will advise you accordingly and you are required to provide the relevant information as requested by our personnel.

9.4 All risks in the products ordered by you shall pass to you upon delivery. Upon delivery of your Order, Plixstar shall not be held liable for any loss or damage of the products.

9.5 In the event you are not available to accept delivery, we will contact you to make arrangements for us to deliver your Order again. You may contact our Customer Service or the courier service company in this circumstance.

9.6 In the event you advertently refuse and/or fail to accept delivery of your Order from the carrier notwithstanding our attempt to re-send your Order, we are entitled to:

      i) charge you for storage fees and any other costs reasonably incurred by us; or

      ii) cancel your Order 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.

10. PLIXSTAR’S CANCELLATION POLICY

10.1 The buyer may cancel his/her Order under the following circumstances:

     i) within six (6) hours from the Order made by the buyer on this Platform;

     ii) the buyer’s Order has yet to be packed and/or shipped.

     iii) the buyer was informed by the seller that the product ordered by him/her is not available or out of stock or there will be a delay in receiving the product;

     iv) the product ordered by the buyer has ceased production.

     v) any other reasons which are deemed reasonable by the seller.

10.2 For cancellation of the Orders, the buyer shall communicate and discuss directly with the seller in relation to any agreement for cancellation of the Orders and/or any fee incurred.

10.3 There is no cancellation allowed after the buyer pays for his/her Order unless the seller is unable to fulfil the Order.

10.4 In the event the seller wishes to cancel the Order made, please contact Plixsta’s Customer Service team via Livechat or email [email protected] and provide the order reference number and any other relevant details as required by Plixstar.

10.5 Any fee paid to Plixstar is not refundable.

10.6 The buyer may check the status of his/her cancellation request at user dashboard .

11. Return and Refund Policy

11.1 The buyer is allowed to return his/her Order under the following circumstances subject to Plixstar and/or the sellers’ investigation and examination:

     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 products listed by the seller;

     iii) The product received does not match the description and specifications listed by the seller;

     iv) The product received was not complete, for example, there were parts or accessories omitted or in incorrect quantity;

     v) The product received was a counterfeit item;

     vi) The packaging of the product received has been torn or tampered with. In this circumstance, the buyer is required to capture at least 3 clear photographs of the condition of the parcel received and email the images to the seller together with the Order reference number;

     vii) The product received is defective or damaged which damage is not attributable to the buyer;

     viii) The product (perishable goods) received has a short shelf life (less than 3 months from the expiration stated) without notification given to the buyer or without obtaining consent from the buyer.

     ix) The buyer shall bear the shipping fee to return the products to the seller if the reason to return the products is not attributable to the seller and/or in the circumstances other than those mentioned in Clause 2

     x) In the scenario where there is a dispute on which party is liable for the shipping fee of the returned products, Plixstar is at its sole discretion to determine the party liable for the shipping fee.

11.2  The buyer shall be required to provide the relevant information and/or documents including but not limited to the following to the seller’s Customer Service team to enable the latter to process the buyer’s request to return his/her Order:-

     i) Order Number;

     ii) Quotation;

     iii) Invoice; and

     iv) Receipt.

11.3 For replacement of products purchased, the buyer shall communicate and discuss directly with the seller in relation to any agreement for replacing the subject product within 48 hours of receipt of the product.

11.4 The buyer may contact Plixstar’s Customer Service team via email or live chat [email protected] in the event he/she encounters any issue in returning the products to the relevant seller. Plixstar will assist the parties to resolve the issue amicably or suggest an appropriate resolution at its sole discretion.

11.5 In the event the buyer is allowed to return the products purchased, such products shall be sent to and received by the relevant seller in order to be eligible for a refund or replacement. All products returned to the seller shall be in the same condition and packaging as it was when received by the buyer together with all complimentary items or accessories, if any. Plixstar and/or seller reserve their rights not to allow the buyer’s request to return the products in the event the subject product has been consumed or used by the buyer.

11.6 We do not accept any walk-in returns.

11.7 We will take approximately 7-14 working days to process the refund of the return goods.

11.8 We will refund the relevant sum to you by crediting it to the your bank account as provided by you.

12. Return and Refund Policy for Resin or Raw Materials

12.1 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) contact the relevant seller within 60 minutes upon the arrival of the vehicle which carries the products at the buyer’s premises;

     iv) capture at least 3 clear images of the damaged products. Please ensure the images captured are clear and capture the whole vehicle, its registration number together with the products in its vicinity, damaged products / spillage / broken bag.

12.2 In the event the buyer’s Order consists of plastic resin or raw materials and the buyer

12.3 Plixstar and/or the sellers on this Platform reserve their right to refuse to accept the goods returned by the buyer in the event the buyer fails to follow the steps set out hereinabove in respect of plastic resin products or raw materials.

12.4 In the event the buyer is allowed to return the plastic resin or raw materials, the seller will bear the transportation costs in collecting the products from the buyer’s premises.

12.5 In the event the buyer is allowed to return the plastic resin or raw materials, the buyer is required to:-

     i) store the products in an appropriate facility that suits 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.

     iii) Any request to exchange the raw materials or products will be determined by Plixstar and/or the relevant seller at their sole discretion.

12.6 Products sold on the Platform other than resin or raw materials.

     a) For any products other than plastic resin or raw materials, the buyer who wishes to return the Order shall take the following steps failing which the seller is entitled to refuse and/or reject any request to return the goods by the buyer:

               i) To contact the seller within 48 hours upon receipt of the Order;

               ii) To provide the relevant information, details and/or photographs of the products as requested by the relevant seller.

13. Defective Products

13.1 You acknowledge that all products descriptions, details, information and material posted on the Platform are provided on an “as is where it is posted” basis and there shall be no warranties express, implied or otherwise.

13.2 All images and colors of the products shown on the Platform may slightly differ from the actual product you receive.

13.3 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 as requested by us in order to enable us to check, examine and process your report.

13.4 We will examine the products returned by you and will advise you of the status of the replacement or refund, if any, via email or contact number provided by you as soon as practicable.

13.5 Plixstar reserves its rights to refuse to process your request for replacement or exchange and may at our discretion offer a refund as a suitable remedy subject to our Return and Refund Policy.

13.6 In the event we find that the product returned by you is not defective upon our examination and checking, we may at our discretion refuse to replace or refund you for the subject product and will return the product to the address provided by you. In this circumstance, you may be required to pay all reasonable carriage costs and fees incurred and you hereby authorise us to charge this costs and incidental fees to your payment cards or the payment details as provided by you to us when you made your Order.

14. Restricted Use of Plixstar’s Intellectual Property and Content

14.1 All intellectual property rights whether registered or unregistered including but not limited to trade marks, copyright, industrial design, and patents on the Platform, and all content including but not limited to images, text, layout, graphics, software compilations, underlying source codes and software are property of Plixstar.

14.2 You understand and agree to not copy, pass-off or infringe any intellectual property belonging to Plixstar.

14.3 Third party links may be provided throughout the Platform. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. We are in no manner responsible for the contents of any such linked site or any other link contained within a linked site, including any changes or updates to such sites. We provide these links merely as a convenience and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.

15. Account Holder’s Undertaking

15.1 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 Plixstar, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through or on the Platform.

15.2 You acknowledge that we and our designee(s) shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you that is available on the Platform. Without limiting the foregoing, we and our designee(s) shall have the right to remove any Content without notice to you:

     i) that violates the 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.

15.3 We may also block delivery of a communication (including, without limitation, postings and/ or reviews) to or from the Services available on this Platform as part of our effort to protect our Services and/or our members or account holders, or otherwise enforce the provisions of these Terms of Use. You agree that you are obliged to 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 fullest extent permitted by applicable law, may not rely on any Content made available by us or submitted to us.

15.4 You acknowledge that by accessing or using the Platform, you may be exposed to Content 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, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.

15.6 You acknowledge, consent to and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over us or in a belief based on good faith that such access preservation or disclosure is reasonably necessary to:

     i) comply with legal process;

     ii) enforce the Terms and Conditions;

     iii) respond to claims that any Content violates the rights of third parties;

     iv) respond to your requests for customer service; or

     v) protect the rights, property or personal safety of Plixstar, its customers and/or the public.

15.7 You shall not, and agree and undertake to Plixstar to not:

     i) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, 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 affiliation 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 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.

     xiv) 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.

     xv) 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.

     xvi) 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.

     xvii) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, code, directive, guideline or policy including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-fraud, anti-money laundering, counter-terrorism, unlawful proceeds and anti-corruption;

     xviii) use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced;

     xix) use the Services to violate the privacy of others or to stalk or otherwise harass another;

     xx) infringe the rights of Plixstar including any intellectual property rights and any passing off of the same thereof;

     xxi) reproduce, attempt to reproduce, counterfeit or resell any bonus points or reward points from Plixstar; and/or

     xxii) use the Services to collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.

15.8 You shall indemnify, defend and hold harmless Plixstar and its subsidiaries, affiliates, related entities, directors, officers, agents, representatives, co-branders and employees from all actions, claims and demands which may be instituted or made against Plixstar arising from your use of third party’s intellectual property rights or violation of any applicable intellectual property laws.

16. Disclaimers

16.1 The Services are provided on an “as is” basis and without any warranties, claims or representations made by Plixstar of any kind either expressed, 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, Plixstar 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.

16.2 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.

16.3 Plixstar has no control over and, to the maximum extent permitted by applicable law, does not guarantee or accept any responsibility for:

     i) the fitness for purpose, existence, quality, safety or legality of items available via the Services; 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, such Users agree to resolve such dispute between themselves directly and, to the maximum extent permitted by applicable law, release Plixstar and its affiliates from any and all claims, demands and damages arising out of or in connection with any such dispute.

17. Exclusions and Force Majeure

17.1 To the maximum extent permitted by applicable law, in no event shall Plixstar be liable whether in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause 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; or (f) Failure to realise anticipated savings in each case whether direct or indirect; or

     ii) Any indirect, incidental, special or consequential damage, arising out of or in connection with the use or inability to use this site or the Services, including without limitation, any damage resulting therefrom, even if Plixstar has been advised of the possibility of such damage.

17.2 We shall not be liable for any delay or failure to perform 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 Plixstar), 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.

17.3 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 absolute discretion to decide on such alternative arrangements(s) including but not limited to terminating the Terms and Conditions and/or any specific contract or transaction (as defined in the specific T&C section below) and without liability to you other than a refund of payments for Orders made by you for which are not performed or unable to be performed.

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

17.4 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.

18. Violation of Terms of Use

18.1 Any violation of the Terms and Conditions may result in a range of actions, including but not limited to any or all of the following:

     i) Limits placed on Account privileges;

     ii) Account suspension and subsequent termination;

     iii) Civil actions including without limitation a claim for damages, specific performance and/or interim or injunctive relief.

18.2 If you believe a User on our Platform is violating these Terms of Use, please contact us via email at [email protected] or through the communication channel(s) made available on the Platform.

19. Suspension, Termination, Account Deactivation and Closure

19a.Suspension and Termination

19.1 You agree that we may in our sole discretion, with or without notice, and without any liability 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, 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 of Use 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 to Plixstar or in our opinion, your acts are prejudicial to Plixstar’s interests;

     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 and/or Plixstar;

     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.

Use 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.

19.2 If we suspend your Account, we shall have the absolute right 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.

19.3 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.

19b. Consequences of Account Termination

19.4 Upon termination of the Account due to any reason whatsoever, unless otherwise agreed in writing by us, any and all unredeemed Merchant Offering or unutilised Cashback, 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 Merchant 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 shall be as stipulated in the Specific T&C.

19.5 Any provision of the Terms & 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.

20. User’s Representations and Warranties

20.1 By accessing the Platform, use of the Services and/or registering an Account with us, you irrevocably represent and warrant to us that:

     i) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian’s consent), right and ability to accept and enter into the Terms and Conditions and to comply with all the terms and conditions contained herein;

     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 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 Plixstar 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 of Use and all applicable laws, rules, regulations, codes, directives, guidelines and policies in force from time to time; and

if so required, you will make yourself available to, and to render full cooperation and assistance to Plixstar and/or the relevant authorities concerning 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

21. Indemnity and Limitation of Liability

21.1 You agree to indemnify, defend and hold us harmless, and our shareholders, subsidiaries, affiliates, related entities, directors, officers, employees, agents, representatives, co-branders and/or relevant business partners (collectively, the “Indemnified Parties“) from and against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, the legal costs and dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:

     i) your violation or breach of any of the 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.

21.2 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 as a result of an action brought by a third party) even if we had been advised of the possibility of incurring the same.

21.3 Notwithstanding any other provisions of the 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.

22. Communications

22.1 All and any notices, demands, requests or other communications to be given or made under these 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, facsimile, 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;

22.2 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 facsimile, 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.

22.3 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.

23. Governing Law and Jurisdiction

23.1 The Terms and Conditions shall be governed by and construed in accordance to the laws of Malaysia.

24. General Provisions

24.1 If any provision of the 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.

24.2 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 Conditions to a present or future affiliate 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.

24.3 Nothing in the Terms 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.

24.4 Our failure to exercise or delay in exercising of any claim, remedy, right, power or privilege under these Terms of Use 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 Conditions are cumulative and not exclusive of any rights or remedies otherwise provided by law.

24.5 The Terms and Conditions are solely for your and our benefit and are not for the benefit of any other person or entity, except our affiliates and subsidiaries (and each of our affiliates’ and subsidiaries’ respective successors and assigns).

24.6 The 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.

24.7 Plixstar reserves all rights not expressly granted herein.

24.8 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.

25. Specific Terms and Conditions (“Specific T&C”)

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 other terms and conditions in the Terms and Conditions.

Note:

Please read these terms and conditions of use carefully before accessing, using, buying or obtaining any materials, information, products or services. By accessing the PLIXSTAR website, mobile or tablet application, or any other feature or other PLIXSTAR platform, you agree to be bound by these terms and conditions (“Terms of Use”) and our Privacy Notice. If you do not accept all of these Terms of Use, then you may not use our Website.