PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THE SITE AND/OR USE OF THE SERVICES.
1. Application of and Acceptance of Terms and Conditions
1.1. For purposes of this Agreement, a “User” is any person who accesses the Site for whatever purpose, including the person using this Site and any legal entity which may be represented by such person under actual or apparent authority, regardless of whether such User has registered on the Site as a registered User or not.
1.2. The Services include an online platform service that provides a place and opportunity for the sale of goods transaction between a Buyer (“the Buyer”) and a Seller (“the Seller”) (collectively “you”, “User” or “Parties”).
1.3. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site including any further upgrade, modification, addition or change to this Site.
1.4. PERNAS may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement may not otherwise be modified, except in writing by an authorized officer of PERNAS.
2. User Generally
2.1. The User may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the “Content”) for the purpose of re-selling or re-distributing the Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with PERNAS, or otherwise commercially exploiting the Content. Systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from PERNAS is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
2.2. Some of the Content displayed on this Site is provided or posted by third parties (“Third Party Content”). Neither PERNAS nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of PERNAS display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. PERNAS is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User’s reliance on such Third Party Content. In addition, PERNAS is not responsible for the conduct of any User’s activities on the Site and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
2.3. PERNAS may allow the User access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party’s website. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The User acknowledges that PERNAS has no control over such third party’s website, does not monitor such sites, and PERNAS shall not be responsible or liable to anyone for such website, or any content, products or services made available on such website.
2.4. Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 4.5 below.
2.5. PERNAS reserves the right to limit, deny or create different access to the Site and its features with respect to different User, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall PERNAS be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
2.6. No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by PERNAS and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
3. Registered User
3.1. Each User who has filled out an online registration form on the Site by giving its information (such as name, address, telephone, fax number, email address, etc.) is a registered the User on the Site (a “Registered User”). The Site will establish an account (“Account”) for each Registered User and each Registered The User is assigned with a the User alias (“User ID”) and password (“password”) for login access to its own Account.
3.2. You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify PERNAS of any unauthorised use of your Account, The User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. PERNAS will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
3.3. You agree that PERNAS may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that PERNAS deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of this Agreement, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple User Accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or (h) behaviour that is harmful to other User, third parties, or the business interests of PERNAS. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Site for any reason, PERNAS may terminate your Account immediately with or without notice.
3.4. The User may terminate their Account if they notify PERNAS in writing (including via email at support) of their desire to do so. Notwithstanding any such termination, the User remains responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and the User must contact PERNAS after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Agreement. PERNAS shall have no liability and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. The User waives any and all claims based on any such action taken by PERNAS.
3.5. PERNAS may allow access for the User to send and/or receive messages through the Account. The User shall be responsible for all uses and the content of all the messages communicated through the Account, as well as the consequences of any such message.
3.6. If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to PERNAS during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
3.7. By becoming a Registered User, you consent to authorize PERNAS to share such information with other Users.
3.8. Notwithstanding Section 3.1, PERNAS may, at PERNAS sole and absolute discretion, refuse registration and deny the issuance of an Account and/or associated User ID and Password to any User for whatsoever reason.
4. User Who Posts Information on the Site
4.1. You must be a Registered User in order to post information on the Site using the tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 3 above.
4.2. No sales agency relationship is created between any User and PERNAS, our affiliates, directors, officers or employees by virtue of PERNAS display of any of the User’s information on the Site.
4.3. Each User hereby represents warrants and agrees to (a) provide PERNAS with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to PERNAS to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
4.4. Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to PERNAS or authorizes PERNAS to display, or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owner(s) of such rights.
4.5. Each User hereby represents, warrants and agrees that information submitted to PERNAS for display on the Site shall not:
4.5.1. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
4.5.2. be part of a scheme to defraud other User of the Site or for any other unlawful purpose;
4.5.3. relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy;
4.5.4. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) in any relevant jurisdiction;
4.5.5. be defamatory, libellous, unlawfully threatening or unlawfully harassing;
4.5.6. be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
4.5.7. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.5.8. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
4.5.9. solicit business from any User in connection with a commercial activity that competes with PERNAS;
4.5.10. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
4.5.11. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
4.5.12. otherwise create any liability for PERNAS or its affiliates.
4.6. PERNAS reserves the right at its sole and absolute discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject PERNAS to liability, violates this Agreement or is otherwise found inappropriate in PERNAS opinion. PERNAS reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, PERNAS may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and PERNAS shall not be liable for damages or results thereof and User agrees not to bring any action or claim against PERNAS for such disclosure. In connection with any of the foregoing, PERNAS may suspend or terminate the Account of any User as PERNAS deems appropriate at its sole and absolute discretion.
5. Violation of this Agreement
5.1. Violations of this Agreement may result in a range of actions, including, without limitation, any or all of the following:
5.1.1. Listing deletion
5.1.2. Limits placed on Account privileges
5.1.3. Account suspension and subsequent termination
5.1.4. Criminal charges
5.1.5. Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
5.2. If you believe a User on the Site is violating this Agreement, please contact PERNAS at email@example.com
6. Transactions between The Buyer and The Seller
6.1. PERNAS does not represent the Seller or the Buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, PERNAS does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the Seller to complete a sale or the ability of the Buyer to complete a purchase.
6.2. The User is hereby made aware that there may be risks of dealing with people acting under false pretences. PERNAS uses several techniques to verify the accuracy of the information provided by the User when registering on the Site. However, PERNAS cannot and does not confirm each The User’s purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
6.3. Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, such risks shall include, but not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents (“Transaction Risks”). Each User agrees that PERNAS shall not be liable or responsible for any damages that may arise as a result of or in connection with any Transaction Risks.
6.4. The User is solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
6.5. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify PERNAS (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
7. Limitation of Liability and Indemnity
7.1. The features and services on the Site are provided on an “as is” and “as available” basis, and PERNAS hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, representations, conditions, undertakings and terms are hereby excluded.
7.2. PERNAS makes no representation or warranties about the validity, accuracy, correctness, reliability, quality, stability, or completeness of any information provided on or through the Site.
7.3. Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from PERNAS or through or from the Site shall create any warranty not expressly stated herein.
7.4. Under no circumstances shall PERNAS be held liable for the delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, outbreak of infectious diseases, global health crisis, epidemic, pandemic, or quarantine orders, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7.5. Each User hereby agrees to indemnify and save PERNAS, its affiliates, directors, officers, and employees harmless, from any and/or all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site (including but not limited to the display of such User’s information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User further agrees that PERNAS is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive, or illicit material and that the risk of damages from such material rests entirely with each User. PERNAS reserves the right; at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with PERNAS in asserting any available defences.
7.6. PERNAS shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
7.6.1. the use or the inability to use the Site;
7.6.2. any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
7.6.3. unauthorized access by third parties to data or private information of any User;
7.6.4. statements or conduct of any User of the Site;
7.6.5. any matters relating to the use of the Site however arising, including negligence.
7.7. YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
7.8. IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, PERNAS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE PYBLI GUARANTEE; AND (B) RINGGIT MALAYSIA ONE HUNDRED (RM100.00) ONLY.
7.9. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY PERNAS NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF PYBLI THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
8. Intellectual Property Rights
8.1. PERNAS is the sole owner or lawful licensee of all the rights to the Site and the Content. All title, ownership and intellectual property rights on the Site and Content shall remain with PERNAS, its affiliates or licensors of the Content, as the case may be. All rights not otherwise claimed under this Agreement or by PERNAS are hereby reserved.
8.2. “Pybli”, “pybli.com.my”, “PERNAS “, and related logos are registered trademarks or trademarks or service marks of PERNAS in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Any software provided by us to you as part of the services is subject to the provisions of this Agreement. PERNAS reserves all rights to the software not expressly granted by PERNAS hereunder. Any third-party scripts or code, linked to or referenced from the services, are licensed to you by the third parties that own such scripts or code, not by PERNAS.
10. Purchase and Payment
10.1. The Site supports one or more of the following payment methods for remittance of monies into the Site’s transaction account (“Pybli Account”):
10.1.1. Credit and/or Debit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the respective banks.
10.1.2. Cash on Delivery (COD)
COD services is provided subject to the terms of the Seller. The Buyer may pay cash directly to the delivery agent upon their receipt of the purchased item.
10.1.3. FPX payment
The Buyer shall acknowledge and agree that the transaction through FPX are transactions between the Buyer and the Seller and not with PERNAS. By using FPX, the Buyer authorises the use of FPX to complete a payment request, and to process the payment transaction with the respective financial institution that the Buyer has chosen. The Buyer is responsible to obtain a transaction receipt when using FPX to make a payment for the purchase. PERNAS is under no obligation to provide the Buyer with a receipt or other written confirmation in connection with the payment transaction made with online.
10.2. The Buyer may only change their preferred mode of payment for their purchase prior to making payment.
10.3. PERNAS takes no responsibility and assume no liability for any loss or damages to the Buyer arising from shipping information and/or payment information entered by The Buyer or wrong remittance by the Buyer in connection with the payment for the items purchased. We reserve the right to check whether the Buyer is duly authorised to use certain payment method and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
11.1. The Site will inform the Seller when the Site receives the Buyer’s payment. Unless otherwise agreed with Pybli, the Seller should then make the necessary arrangements to have the purchased item delivered to the Buyer and provide details such as the name of the delivery, the tracking number, etc. to the Buyer through the Site.
11.2. Upon the Buyer making such payment, the Buyer will be accorded with a guarantee (“Pybli Guarantee”) to protect the Buyer against risks of non-delivery and/or faulty delivery of items purchased. Such Pybli Guarantee shall be for a period of ten (10) days from the date the Seller dispatches the item to the Buyer (“Pybli Guarantee Period”).
11.3. The Seller must use his/her best effort to ensure that the Buyer receives the purchased items within, whichever applicable, the Pybli Guarantee Period or the time period specified (for offline payment) by the Seller on the Seller’s listing.
11.4. The User understand that the Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, the User acknowledge and agree that PERNAS will not be liable for any damage, expense, cost or fees resulted therefrom and the Seller and/or the Buyer will reach out to the logistic service provider to resolve such dispute.
11.5. Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable for the delivery (“Shipping Fee”) shall be borne by the Buyer, the Seller and PERNAS in such proportions as may be determined by PERNAS and published on the Site from time to time. PERNAS shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct the Seller’s proportion of the Shipping Fee from the Buyer’s payment in accordance with Section 10.1, and (iii) pay the total Shipping Fee to PERNAS.
12. Cancellation, Return and Refund
12.1. The Buyer may only cancel his/her order prior to the Buyer’s payment into the Pybli Account accordance with the manner as stipulated under Section 10.
12.2. The Buyer may apply for the return of the purchased item and refund prior to the expiry of the Pybli Guarantee Period, if applicable, subject to and in accordance with Pybli’s Refunds and Return Policy under Appendix 1.
12.3. PERNAS reserves the right to cancel any transaction on the Site and the Buyer agrees that the Buyer’s sole remedy will be to receive a refund of the Buyer’s payment actually paid into Pybli Account for the relevant transaction.
12.4. If you are successful in obtaining a refund based on Pybli’s Refunds and Return Policy, PERNAS shall refund the monies you have actually paid for the item to your Account.
12.5. PERNAS does not monitor the cancellation, return and refund process for offline payment.
12.6. Refunds to the Buyer shall be made to their Account within fourteen (14) working days of the return or refund request being approved.
13. The Seller’s Responsibilities
13.1. The Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on the Seller’s listing and shall not post inaccurate or misleading information.
13.2. The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to the Buyer such as sales tax, value-added tax, tariffs, etc. and the Seller shall not charge the Buyer such amount additionally and separately.
13.3. The Seller agrees that PERNAS may at its discretion engage in promotional activities to induce transactions between the Buyer and the Seller by reducing, discounting or refunding fees, or in other ways. The final price that the Buyer will pay actually will be the price that such adjustment is applied to.
13.4. For the purpose of promoting the sales of the items listed by the Seller, PERNAS may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by PERNAS .
13.5. The Seller acknowledges and agrees that the Seller will be responsible for paying all taxes, customs and duties for the item sold and PERNAS cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, the Seller are advised to seek professional advice if in doubt.
13.6. The Seller acknowledges and agrees that the Seller’s violation of any of Pybli’s policies will result in a range of actions as stated in Section 5.
14. Transaction Fees
14.1. PERNAS charges a fee for all successful transactions completed on the Site (“Transaction Fee”). The Transaction Fee is borne by the Seller and is calculated at two percent (2%) of the Buyer’s actual paid amount, rounded up to the nearest cent. The Transaction Fee is subject to Sales and Service Tax (“Tax Amount”), and the Seller is responsible for such Tax Amount.
14.2. Following the successful completion of a transaction, PERNAS shall deduct the Transaction Fee and the Tax Amount from the Buyer’s actual paid amount and remit the balance to the Seller. PERNAS shall issue receipts or tax invoices for the Transaction Fee and Tax Amount paid by the Seller upon request.
15.1. All notices or demands to or upon PERNAS shall be effective if in writing and shall be duly made when sent to PERNAS with the following details:
PERBADANAN NASIONAL BERHAD
Level 3A, Menara PERNAS,
Tower 7, Avenue 7,
Bangsar South City,
No.8, Jalan Kerinchi,
59200 Kuala Lumpur.
Tel. No. : 03-2082 7943
Email address : firstname.lastname@example.org and email@example.com
15.2. All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to PERNAS, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when (a) PERNAS is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon PERNAS posting such notice on an area of the Site that is publicly accessible without charge.
15.3. You agree that in any event an action began in the courts of relevant jurisdiction in respect of the Site, the legal documents and any other relevant documents may be served upon you by registered post (not being AR Registered Post) at the address you provided to us or to your last known address in our records and such service shall on the fifth (5) day after postage be deemed as good and sufficient service of the legal documents.
16. Fraudulent or Suspicious Activity
16.1. If Pybli, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Pybli, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
16.1.1. We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction.
16.1.2. We may suspend your eligibility for Pybli Guarantee.
16.1.3. We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Singapore or elsewhere and directed to Pybli;
16.1.4. We may refuse to provide the Services to you now and in the future;
16.1.5. We may hold your funds for a period of time reasonably needed to protect against the risk of liability to PERNAS or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
16.2. For the purposes of this Section:
16.2.1. “Chargeback” means a request that a Buyer files directly with his or her debit or credit card issuing bank to invalidate a payment.
16.2.2. “Claim” means a challenge to a payment that a Buyer or Seller files directly with Pybli.
16.2.3. “Reversal” means the reversal of a payment by PERNAS because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by the Site, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated this Agreement or any other Site policy, or (e) PERNAS decided a Claim against you.
17.2. PERNAS and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17.3. If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
17.4. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
17.5. PERNAS failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives PERNAS right to act with respect with subsequent or similar breaches.
17.6. PERNAS shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to the use of the Site to any person or entity.
17.7. This Agreement shall be governed by the laws of Malaysia and the Parties hereby submit to the exclusive jurisdiction of the courts of Malaysia and waive any rights to claim that those courts do not have jurisdiction or are an inconvenient forum.
17.8. If this Agreement or any part or parts thereof are translated into any other languages and there is a conflict between this English version and any foreign language version of this Agreement, this English version shall prevail.
17.9. Any clauses in this Agreement which by their nature survive expiration or termination shall survive the expiry or termination of this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
PYBLI RETURN AND REFUND POLICY
1. Application for the Return of an item
1.1. The Buyer may only apply for the refund and/or return of the item in the following circumstances:
(a) The item has not been received by the Buyer;
(b) The item received is incomplete (missing quantity or accessories);
(c) The Seller has delivered an item that does not match the agreed specification (e.g. wrong size, colour, etc.) to the Buyer;
(d) The item delivered to the Buyer is materially different from the description provided by the Seller in the listing of the item;
(e) The item received has physical damage (e.g. dented, scratched, shattered);
(f) The item received is faulty (e.g. malfunction, does not work as intended);
1.2. The Buyer’s application must be submitted via the Pybli website at www.pybli.com.my.
1.3. PERNAS will review each Buyer’s application on a case-by-case basis and, in its sole discretion, determine whether the Buyer’s application is successful.
1.4. In the event where Buyer has commenced legal action against the Seller, the Buyer may provide the formal notification from the appropriate authority to PERNAS to request PERNAS to continue to hold the monies in the Pybli Account until a formal determination is available. PERNAS will, at its sole and absolute discretion, determine whether it is necessary to continue to hold such monies.
2. Rights of Seller
2.1. Upon receipt of an application from the Buyer for the return of the item and/or refund, the Seller shall be notified in writing. The Seller may respond to Buyer’s application according to the steps provided by PERNAS in the written notification. The Seller must respond within the time-frame stipulated in the written notification (the “Stipulated Period”). Should PERNAS not hear from the Seller within the Stipulated Period, PERNAS will assume that the Seller has no response to the Buyer’s application and will proceed to assess the Buyer’s application without further notice to the Seller.
2.2. PERNAS will review each Seller’s response on a case-by-case basis and, in its sole discretion, determine whether the Buyer’s application may be successful against the circumstances stated by the Seller.
3. Condition of Returning Item
The Buyer should ensure that the item, including any complimentary items such as accessories that come with the item, must be returned to the Seller in the condition received by the Buyer on delivery. We will recommend the Buyer to take a photo of the item upon receipt.
4. Liability of Return Shipping Fee
4.1. In the scenario of an unforeseen error from the Seller’s end (i.e – damaged, faulty or wrong item delivered to the Buyer), the Seller will bear the Buyer’s return shipping fee.
4.2. In the scenario of the Buyer’s change of mind, the Buyer shall get the Seller’s consent prior to the return request and the Buyer will bear the return shipping fee.
4.3. In the scenario where both Seller-Buyer disputing the liability for the return shipping fee, PERNAS at its sole discretion will determine the party liable for the return shipping fee.
The Buyer will only be refunded after PERNAS has received the confirmation from the Seller that the Seller has received the returned item. In the event where PERNAS does not hear from the Seller within a specified time, PERNAS will be at liberty to refund the applicable sum to the Buyer without further notice to the Seller. The refund will be made to Buyer’s credit/debit card or designated bank account, whichever is applicable.
6. Communication Between Buyer and Seller
PERNAS encourages Users to communicate with each other in the event where problem arises in a transaction. As the Site is a platform for Users to conduct trading, the Buyer should contact the Seller directly for any issue relating to the item purchased.