TERM & CONDITIONS/ TERMA & SYARAT
Welcome to the YAPEIMALL website (the “Site”). These terms and
conditions (“Terms and Conditions”) apply to the Site Bahagian Pusat Khidmat
Pembangunan Usahawan YaPEIM (BPU), and all of its divisions, subsidiaries, and
affiliates operated internal sites which reference these Terms and
Conditions. YAPEIMALL means Bahagian Pusat Khidmat Pembangunan Usahawan YaPEIM (BPU)
main focus and first introduced by Yayasan Pembangunan Ekonomi Islam Malaysia
(YaPEIM) in budget 2006, clause 6.25. This Club Establishment as effort create
Kelab Maya Sahabat Ar Rahnu YaPEIM community which really benefiting Ar-Rahnu
YaPEIM as channel get capital to make the business successful and consequently
try to develop self and their family. Pusat Khidmat Pembangunan Usahawan YaPEIM
Operate at No 46E-1, Mentari Business
Park, Jalan PJS 8/2, 46150 Petaling Jaya, Selangor.
International credit card payment payments that you make through the
site will be processed by our payment service provider, a company register in
By accessing the Site, you confirm your understanding of the Terms and
Conditions. If you do not agree to these Terms and Conditions of use, you shall
not use this website. The Site reserves the right, to change, modify, add, or
remove portions of these Terms and Conditions of use at any time. Change will
be effective when posted on the Site with no other notice provided. Please
check these Term and Conditions of use regularly for updates. Your continued
use of the Site following the posting of changes to these Terms and Conditions
of use constitutes your acceptance of those changes.
USE OF THE
We grant you a non-transferable and revocable license to use the Site,
under the Terms and Conditions described, for the purpose of shopping for
personal items sold on the Site. Commercial use or use on behalf of any third
party is prohibited, except as explicitly permitted by us in advance. Any
breach of these Terms and Conditions shall result in the immediate revocation
of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes.
Product representations expressed on this Site are those of the vendor and are
not made by us. Submissions or opinions expressed on this Site are those of the
individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the
Site may require registration or subscription. Should you choose to register or
subscribe for any such services or related features, you agree to provide
accurate and current information about yourself, and to promptly update such
information if there are any changes. Every user of the Site is solely
responsible for keeping passwords and other account identifiers safe and
secure. The account owner is entirely responsible for all activities that occur
under such password or account. Furthermore, you must notify us of any
unauthorized use of your password or account. The Site shall not be responsible
or liable, directly or indirectly, in any way for any loss or damage of any
kind incurred as a result of, or in connection with, your failure to comply
with this section.
Anything that you submit to the Site and/or provide to us, including but
not limited to, questions, reviews, comments, and suggestions (collectively,
“Submissions”) will become our sole and exclusive property and shall not be
returned to you. In addition to the right applicable to any Submission, when
you post comments or review to the Site, you also grant us the right to use the
name that you submit, in connections with such review, comment, or other
content. You shall not use a false e-mail address, pretend to be someone other
than yourself or otherwise mislead us or third parties as to the origin of any
Submissions. We may, but shall not be obligated to, remove or edit any
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for
various reasons. The Site reserves the right to refuse or cancel any order for
any reason at any given time. You may be asked to provide additional
verifications or information, including but not limited to phone number and
address, before we accept the order.
We are determined to provide the most accurate pricing information on
the Site to our users; however, errors may still occur, such as cases when the
price of an item is not displayed correctly on the website. As such, we reserve
the right to refuse or cancel any order. In the event that an item is
mispriced, we may, at our own discretion, either contact you for instructions
or cancel your order and notify you of such cancellation. We shall have the
right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card or bank account charged.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in
the Site, information content on the Site and all the website design,
including, but not limited to, text, graphics, software, photos, video, music,
sound, and their selection and arrangement, and all software compilations,
underlying source code and software shall remain our property. The entire
contents of the Site also are protected by copyright as a collective work under
Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws
in force in Malaysia. Subject to the Arbitration section below, each party
hereby agrees to submit to the jurisdiction of the courts of Government of
Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these
Terms and Conditions will be referred to and finally settled by private and
confidential binding arbitration before a single arbitrator held in Malaysia in
English and governed by Malaysian law. The arbitrator shall be a person who is
legally trained and who has experience in the information technology field in
Malaysia and is independent of either party. Notwithstanding the foregoing, the
Site reserves the right to pursue the protection of intellectual property
rights and confidential information through injunctive or other equitable
relief through the courts.
In addition to any other legal or equitable remedies, we may, without
prior notice to you, immediately terminate the Terms and Conditions or revoke
any or all of your rights granted under the Terms and Conditions. Upon any
termination of this Agreement, you shall immediately cease all access to and
use of the Site and we shall, in addition to any other legal or equitable
remedies, immediately revoke all password(s) and account identification issued
to you and deny your access to and use of this Site in whole or in part. Any termination
of this agreement shall not affect the respective rights and obligations
(including without limitation, payment obligations) of the parties arising
before the date of termination. You furthermore agree that the Site shall not
be liable to you or to any other person as a result of any such suspension or
termination. If you are dissatisfied with the Site or with any terms,
conditions, rules, policies, guidelines, or practices of Rocket Internet
Malaysia (950035-M), in operating the Site, your sole and exclusive remedy is
to discontinue using the Site.
1.1 In these Conditions:
"Buyer" means the person who accepts a quotation of YAPEIMALL for
the supply of Goods or who otherwise enters into a contract for the supply of
Goods with YAPEIMALL.
"Conditions" mean the general terms and conditions set out in
this document and (unless the context otherwise requires) any special terms and
conditions agreed in writing between the Buyer and YAPEIMALL
"Contract" means the contract for the purchase and sale of
Goods, howsoever formed or concluded;
"Goods" means the goods (including any instalment of the goods
or any parts for them) which YAPEIMALL” is to supply in accordance with a
"Writing" includes electronic mail facsimile transmission and
any comparable means of communication.
YAPEIMALL means Pusat Khidmat Pembangunan Usahawan YaPEIM , and
having Operate address at level No 46E-1, Mentari Business Park, Jalan PJS 8/2,
46150 Petaling Jaya, Selangor, Malaysia.
1.2 Any reference in these Conditions to any provision of a statute
shall be construed as a reference to that provision as amended re-enacted or
extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall
not affect the interpretation of any parties.
2. Basis of the Contract
2.1 The supply of Goods by YAPEIMALL to the Buyer under any
Contract shall be subjected to these Conditions which shall govern the Contract
to the exclusion of any other terms and conditions contained or referred to in
any documentation submitted by the Buyer or in correspondence or elsewhere or
implied by trade custom practice or course of dealing.
2.2 Any information made available in YAPEIMALL website
connection with the supply of Goods, including photographs, drawings, data
about the extent of the delivery, appearance, performance, dimensions, weight,
consumption of operating materials, operating costs, are not binding and for
information purposes only. In entering into the Contract the Buyer acknowledges
that it does not rely on and waives any claim based on any such representations
or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in
writing between the authorised representatives of the Buyer and YAPEIMALL
2.4 Any typographical clerical or other error or omission in any
quotation, invoice or other document or information issued by YAPEIMALL in
its website shall be subject to correction without any liability on the part
2.5 YAPEIMALL may provide Buyer with electronic documents such
as tax invoice, receipt, credit note, debit note, or any other document.
3. Orders and Specifications
3.1 Order acceptance and completion of the contract between the Buyer
and YAPEIMALL will only be completed upon YAPEIMALL issuing
a confirmation of dispatch of the Goods to the Buyer. For the avoidance of
doubt, YAPEIMALL shall be entitled to refuse or cancel any order
without giving any reasons for the same to the Buyer prior to issue of the
confirmation of dispatch. YAPEIMALL shall furthermore be entitled to
require the Buyer to furnish YAPEIMALL with contact and other
verification information, including but not limited to address, contact numbers
prior to issuing a confirmation of dispatch.
3.2 No concluded Contract may be modified or cancelled by the Buyer
except with the agreement in writing of YAPEIMALL and on terms that
the Buyer shall indemnify YAPEIMALL in
full against all loss (including loss of profit) costs (including the cost of
all labour and materials used) damages charges and expenses incurred by YAPEIMALL as
a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated
in YAPEIMALL website at the time which the Buyer makes its offer
purchase to YAPEIMALL. The price excludes the cost of packaging and
delivery charges, any applicable goods and services tax, value added tax or
similar tax which the Buyer shall be liable to pay to YAPEIMALL in addition to
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods pursuant
to the various payment methods set out in YAPEIMALL website. The
terms and conditions applicable to each type of payment, as contained in “YAPEIMALL”
website, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in YAPEIMALL website,
the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Buyers. YAPEIMALL accepts
all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by
Visa, and MasterCard Secure) enabled. All your credit card information are
protected by means of industry- leading encryption standards.
Please take note that additional charges may be incurred if you are
using a non-Malaysian issues card due to Foreign Exchange.
5.2.2 Debit Cards
YAPEIMALL accepts all Malaysian Visa and MasterCard debit cards
where subject to bank availability. All debit card numbers shall be protected
by means of industry-leading encryption standards.
5.2.3 Online Banking
i. By choosing this payment method, the Buyer shall transfer the payment
for the Goods to a YAPEIMALL account for the total amount of the
Buyer’s purchase (including any applicable taxes, fees and shipping costs). The
transaction must be payable in Ringgit Malaysia. YAPEIMALL in its
sole discretion, may refuse this payment option service to anyone or any user
without notice for any reason at any time.
ii. For the time being, YAPEIMALL accepts online bank
transfers from AmBank, Bank Islam, CIMB Bank, BSN, Maybank2U.COM, Public Bank,
RHB, UOB, OCBC, Bank Muamalat, Standard Chartered, HSBC, Affin Bank.
5.3 If the Buyer fails to make any payment pursuant to the terms and
conditions of the payment method elected, then without prejudice to any other
right or remedy available to YAPEIMALL, YAPEIMALL’s shall be entitled
5.3.1 Cancel the Contract or suspend deliveries of the Goods until
payment is made in full; and/or
6.1 Delivery of the Goods shall be made to the address specified by the
Buyer in its order.
6.2 YAPEIMALL has the right at any time to sub-contract all or any of
its obligations for the sale/delivery of the Goods to any other party as it may
from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only. The
time for delivery/performance shall not be of the essence, and YAPEIMALL shall
not be liable for any delay in delivery or performance howsoever caused.
6.4 If YAPEIMALL has failed to deliver the Goods in accordance
with the Contract or within a reasonable time, the Buyer shall be entitled, by
serving written notice on YAPEIMALL, to demand performance within a
specified time thereafter, which shall be at least 14 days (WORKING DAY).
If YAPEIMALL fails to do so within the specified time, the Buyer
shall be entitled to terminate the Contract in respect of the undelivered Goods
and claim compensation for actual loss and expense sustained as a result
of YAPEIMALL non-performance, which was foreseeable at the time of
conclusion of the Contract and resulting from the usual course of events,
subject always to the limitations set out in Condition 12.4.
6.5 If the Buyer fails to take delivery of the Goods (otherwise than by
reason of any cause beyond the Buyer's reasonable control or by reason of YAPEIMALL
fault) then without prejudice to any other right or remedy available to YAPEIMALL may:
6.5.1 sell the Goods at the best price readily obtainable and (after
deducting all reasonable storage and selling expenses) account to the Buyer for
the excess over the price under the Contract provided the price has been paid
in cleared funds in full or charge the Buyer for any shortfall below the price
under the Contract; or
6.5.2 Terminate the Contract and claim damages.
7. Risk and property of the Goods
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at
the time of delivery or if the Buyer wrongfully fails to take delivery of the
Goods, the time when YAPEIMALL has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any
other provision of these Conditions the property in the Goods shall not pass to
the Buyer until YAPEIMALL has received in cash or cleared funds
payment in full of the price of the Goods and all other goods agreed to be sold
by YAPEIMALL to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer,
the Buyer shall hold the Goods as YAPEIMALL fiduciary agent and
bailed and shall keep the Goods separate from those of the Buyer.
7.4 The Buyer agrees with YAPEIMALL that the Buyer shall
immediately notify YAPEIMALL of any matter from time to time
affecting YAPEIMALL title to the Goods and the Buyer shall
provide YAPEIMALL with any in-formation relating to the Goods
as YAPEIMALL may require from time to time.
7.5 Until such time as the property in the Goods passes to the Buyer
(and provided the Goods are still in existence and have not been resold) YAPEIMALL shall
be entitled at any time to demand the Buyer to deliver up the Goods to YAPEIMALL and
in the event of non-compliance YAPEIMALL reserves it’s right to take
legal action against the Buyer for the delivery up the Goods and also reserves
its right to seek damages and all other costs including but not limited to
legal fees against the Buyer.
7.6 The Buyer shall not be entitled to pledge or in any way charge by
way of security for any indebtedness any of the Goods which remain the property
of YAPEIMALL but if the Buyer does so all moneys owing by the Buyer
to YAPEIMALL shall (without prejudice to any other right or remedy of YAPEIMALL)
forthwith become due and payable.
7.8 If the provisions in this Condition 7 are not effective according to
the law of the country in which the Goods are located, the legal concept
closest in nature to retention of title in that country shall be deemed to
apply mutatis mutandis to give effect to the underlying intent expressed in
this condition, and the Buyer shall take all steps necessary to give effect to
7.9 The Buyer shall indemnify YAPEIMALL against all loss damages costs
expenses and legal fees in-curred by the Buyer in connection with the assertion
and enforcement of YAPEIMALL rights under this condition.
8. Warranties and Remedies
8.1 Subject as expressly provided in these Conditions all other
warranties conditions or terms, including those implied by statute or common
law, are excluded to the fullest extent permitted by law.
8.2 Subject to this Condition 8, YAPEIMALL warrants that the Goods will
correspond with their specification at the time of delivery, and agrees to
remedy any non-conformity therein for a period of 12 months commencing from the
date on which the Goods are delivered or deemed to be delivered ("Warranty
Period"). Where the Buyer is dealing as a consumer (within the meaning of
the Sale of Goods Act and the Consumer Protection Act), YAPEIMALL further gives
to the Buyer such implied warranties as cannot be excluded by law.
8.2.1 YAPEIMALL above warranty concerning the Goods is given subject to
the following conditions:
(a) No condition is made or to be implied nor is any warranty given or
to be implied as to the life or wear of the Goods supplied or that they will be
suitable for any particular purpose or use under any specific conditions,
notwithstanding that such purpose or conditions may be known or made known to YAPEIMALL.
(b) Any description given of the Goods is given by way of identification
only and the use of such description shall not constitute a sale by
(c) YAPEIMALL binds itself only to deliver Goods in accordance with the
general description under which they were sold, whether or not any special or
particular description shall have been given or shall be implied by law. Any
such special or particular description shall be taken only as the expression of
YAPEIMALL opinion in that behalf. YAPEIMALL does not give any warranty as to
the quality state condition or fitness of the Goods.
(d) YAPEIMALL shall be under no liability for the following measures and
actions taken by the Buyer or third parties and the consequences thereof:
improper remedy of de-fects, alteration of the Goods without the prior
agreement of YAPEIMALL, addition and insertion of parts, in particular of spare
parts which do not come from YAPEIMALL.
(e) YAPEIMALL shall be under no liability in respect of any defect
arising from unsuitable or improper use, defective installation or
commissioning by the Buyer or third parties, fair wear and tear, wilful damage,
negligence, abnormal working conditions, defective or negligent handling,
improper maintenance, excessive load, unsuitable operating materials and
replacement materials, poor work, unsuitable foundation, chemical,
electro-technical/electronic or electric influences, failure to follow YAPEIMALL
instructions (whether oral or in writing) misuse or alteration or repair of the
Goods without YAPEIMALL approval.
(f) YAPEIMALL is not liable for any loss damage or liability of any kind
suffered by any third party directly or indirectly caused by repairs or
remedial work carried out without YAPEIMALL prior written approval and the
Buyer shall indemnify YAPEIMALL against each loss liability and cost arising
out of such claims.
(g) YAPEIMALL shall be under no liability under the above warranty (or
any other warranty condition or guarantee) if the total price for the Goods has
not been paid in cleared funds by the due date for payment.
(h) YAPEIMALL shall be under no liability whatsoever in respect of any
defect in the Goods arising after the expiry of the Warranty Period.
8.2.2 Any claim by the Buyer which is based on any defect in the quality
or condition of the Goods or their failure to correspond with specification
shall be notified to YAPEIMALL within seven days from the date of receipt of
the Goods or (where the defect or failure was not apparent on reasonable
inspection) within a reasonable time after discovery of the defect or failure.