Terms of Use (EN)

TERMS OF USE AND SERVICE

Updated on: 11-12-2023

Greetings, We are Re:Crave. We are a social gifting platform (“Platform”). On our Platform, you can buy gifts from any seller that is registered on our Platform and send it to their loved ones or buy gifts for yourself or buy gifts and give it to your loved ones yourself (“Service”). The use of our Service and Platform is subject to the terms of use and service and our Privacy Policy (shall be collectively referred to as “Terms”). Please read the Terms carefully before using our Service on our Platform as it may affect your rights. If you do not agree, please refrain from using our Service on our Platform. Other than that, we may in our discretion, from time to time amend or otherwise modify the Terms. 

  1. License

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service in accordance with the Terms herewith.

  1. Right to refuse service

We shall reserve the right to refuse service to anyone from using our Service and Platform. 

  1. Privacy Policy

By using the Service and Platform, you acknowledge that you have reviewed and understand our Privacy Policy and consent to the practices described in our Privacy Policy. 

  1. A Minor User

If you are a minor under the law (under the age of 18 years old), you can only use our Service and Platform by obtaining prior consent from your parents or guardians. We shall not be liable for any situation in regards to the use of our Service and Platform where you as a minor have failed to get consent from your parents or legal guardians or whether your parents or guardians have failed to monitor your access to our Service and Platform. The parents or legal guardians shall take full responsibility for your use as a minor of our Service and Platform.  

  1. Registration and Security

You may register your account on our Platform either as a seller (“Seller”) or a (“Buyer”) in accordance with the Terms herewith. When you register on our Platform, you agree to provide accurate, current and complete information and to promptly update this information to maintain its accuracy. You shall be responsible for maintaining confidentiality of any password or username that you have selected, and you are responsible for all activities that occur under your password or account.

  1. Seller’s Content and the rights that we have

As a seller, you can post content on our Platform (“Content”) such as shop names, product images and descriptions and etc. You shall understand that we would have the right to use or promote your Content in any format through any channel for marketing purposes. You will not be making a claim of right of publication or infringement against us. 

  1. Prohibitions

You shall not use the Service and the Platform to cause harm to us or interfere with the Service and the Platform or use the Service and the Platform in a manner that violates any law. Among the actions that we prohibit are as follows:

  1. Impersonate any person or entity, or misrepresent your credentials or any information you provide;

  2. Solicit, transmit, store, collect any information including any personal information about other users including email addresses, passwords without the consent of such users;

  3. Solicit, transmit, store, collect any private information or personal information to any third party;

  4. Use the Service or Platform to install a computer program on another person’s computer program;

  5. Obtain or attempt to gain unauthorized access to our computer systems, materials, information including users’ personal information available through our Platform;

  6. Use any device, software or program to interfere or attempt to interfere with the Service or Platform;

  7. Use any device, software or program to probe, scan, test the vulnerability or breach or attempt to probe, scan, test the vulnerability or breach the security of our system, device or network;

  8. Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Service or Platform, or use any tools for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools);

  9. Use another’s information, account, or password, except as expressly permitted;

  10. Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users’ computers, devices, or systems;

  11. For the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service or Platform; 

  12. Sending spam or otherwise duplicative or unsolicited message; and/or

  13. Engage in any other conduct that could possibly damage our reputation or restricts any person from using the Service or Platform, or any conduct, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.

  1. Extra prohibitions for Seller

As a Seller, you are further prohibited from the following:

  1. making a misrepresentation of your product such as the false description of supplements, false description of the gifts and etc; 

  2. You are also prohibited from selling items that are not allowed by law such as firearms, drugs and etc; and/or

  3. Any other actions that are prohibited by the local laws and regulations. 

As a seller, you are responsible to check local regulations before listing your product on our Platform. We reserve our right to remove your listing if we become aware of such a situation. You can appeal by sending us an e-mail however we may after hearing your appeal still remain on having your listing removed.  

  1. Representation or warranties 

By using our Service and Platform, you represent and warrant that:

  1. You have the legal capacity to use our Service and Platform and that you are at least eighteen (18) years old;

  2. if you are a minor under the age of eighteen (18) years old, you have obtained your parent’s or legal guardian’s consent before using our Service and Platform;

  1. You shall not attempt to commercially exploit any part of our Service and Platform without permission including infringing our intellectual property rights;

  2. You shall cooperate when there is a fraud investigation or false order or malicious order being done by any party;

  3. You shall use the Service and the Platform for their intended purpose.

  1. Further Representation or warranties by Seller

  1. You shall possess appropriate licenses, approvals, permits, consents by the authority in order to the business on our Platform;

  2. You shall make sure your product description is accurate, complete, and not misleading; 

  3. You shall only sell items that are not prohibited by law on our Platform (Example: Firearms are prohibited by law) and it shall be your responsibility to ensure that your items are not prohibited by law;

  4. You shall provide all necessary information when you list your product on our Platform such as shop name, item descriptions, images, prices and etc. 

  1. Further Representation or warranties by Buyer

As a Buyer, you would further represent and warrant that your use of our Service on our Platform is for your own personal use and in accordance with the purpose of our Service that is buying gifts for your loved ones. 

  1. Tax including customs and duties

The Seller shall ensure that the products/items price and/or shipping price shall include tax, customs and duties payable to the authority. We shall not provide tax advice and you are advised to seek professional advice when in doubt. 

  1. Payment Method for Purchasing Items as a Buyer

Currently, we are partnered with the payment gateway, Payex (payex.io). The Seller shall generate a payment link through our chat system and then the Buyer can go into the payment portal and select any payment method that is allowed by Payex to purchase the items needed. We reserve our right to change the payment method allowed on our Platform and that includes a change with whom we are partnered up for payment gateway.

  1. Refund Period and Circumstances 

Refund must be initiated within ten (10) days (“Refund Period”) after the item(s) is/are successfully delivered and shall be limited to the following circumstances:

  1. Item is not received;

  2. A faulty item is received;

  3. A wrong item is received (this shall include specification, size, colours and etc);

  4. An item is misrepresented;

  5. An item is a counterfeit; (only applicable for genuine and branded goods);

  6. An item has physical damage such as dents and cracks; and/or

  7. An item is not complete (missing parts)

(shall be collectively known as “Refund Circumstances”).

  1. Refund Process (including shipping back the item) and Seller is to bear shipping fees:

If any of the Refund Circumstances arise, then the Buyer can initiate a refund through our Platform. Our refund process requires the Buyer to ship back the item back to the Seller. In this refund process, there shall be two different situations where in both circumstances the Seller is responsible for the shipping fees:

  1. If the Seller is at fault. If the Seller is at fault for any of Refund Circumstances such as shipping an item with missing parts or the wrong item, then the seller shall bear the shipping fees.

  2. If the shipping company is at fault. If the shipping company is at fault, then the Seller shall bear the shipping fees and then forward their claim to the courier company later on.

  1. Outside of Refund Circumstances

If the reason for refund is not within the Refund Circumstances, then that shall be for the Seller to decide whether to initiate a refund and return. 

  1. Who can initiate a Refund

Only a Buyer is allowed to initiate a refund. We don’t allow the recipient (a person who is not the buyer but receives the item) (“Recipient”) to initiate a refund on behalf of the Buyer. The money shall only be returned to the Buyer only.  

  1. Refund is not allowed after the Refund Period has passed

The Buyer shall not be allowed to ask for a refund after the Refund Period has passed. 

  1. Exchange instead of Refund

If the Buyer has a change of mind and does not require a refund and return but rather an exchange of the item, the Buyer and Seller can discuss and it shall be up to the Seller whether to bear shipping fees or let the Buyer bears the shipping of such item.

  1. Our Commission and how do you get paid as a Seller

Currently, we shall be taking 12.5% for B2C customers and 18% for B2B customers as a commission rate (“Our Commission”) upon each successful sale you have made as a Seller on our Platform. What will happen is the following:

  1. The Buyer has made full payment including shipping fees for the items for each order;

  2. As a seller, you will allow us to collect and hold the full payment including shipping fees on your behalf;

  3. We will deduct Our Commission from the payment made by the Buyer in respect of the item only as shipping fees are not eligible for deduction of Our Commission;

  4. Processing fees (“Processing Fees”) are the costs that the Seller shall incur when processing payments from the Buyer using the payment gateway.  

  5. Therefore, after deducting Our Commission, we shall remit the remaining payment including shipping fees to your account on a biweekly (on the 15th and the end of every month) basis after the Refund Period has passed or the order has been marked as completed.

  1.  

We will reserve the right to change Our Commission rate however we will provide notice through our Platform when that happens. 

  1. Shipping

The Seller shall be responsible for the arrangement of shipping and provide tracking numbers to the Buyer.

  1. Ready stock items, Pre-order items, their respective shipping days, and failure to ship within the respective shipping days

  1. Ready Stock Items

The Seller shall ship out the items within three (3) business days for ready stock items from the date that the Buyer has made the full payment. Shipping out status is completed when the Seller has provided the Buyer with the tracking number for the ready stock items.  

  1. Failure of shipping within the respective timeframes 

For ready stock items, failure to ship within its three (3) business days will cause the order to be canceled and Processing Fees shall not be refunded to the Seller.  If after the payment is made by the Buyer, the Seller realize that they may not be able to ship the items within 3 days for reasons such as the items being out of stock. The Seller shall cancel the order within 24 hours to prevent getting charged for Processing Fees. Failure to cancel within 24 hours from the date of payment by the Buyer shall cause Processing Fees to be charged by the payment gateway and in this case, we shall not refund the Processing Fees.

  1. Pre-order items

If the item is not ready-stock and is taking more than three (3) business days for shipment, the Seller shall list it as a pre-order item. A pre-order item usually consists of items that typically take longer days to ship. The order for pre-order shall be confirmed once the payment is made in full by the Buyer.  For pre-order items, the Seller shall need to specify the days between 7-30 days (“Pre-order Preparation Days”) required to prepare the item from the date that the Buyer makes the payment in full. For example, if the Seller has selected seven (7) days as Pre-Order Preparation Days, there shall be an expectation that the Seller shall already have the item by the 7th day and is preparing to ship the items.  

  1. Pre-order items after the passing of Pre-Order Shipping Days

After the Pre-Order Preparation Days have passed, the pre-order shall become ready stock items and are subject to the same rules as ready stock items in Clause 22(a) and (b) above. 

  1. Meaning of Business Days and Non-Business Days for calculation for Shipping Days

Business days shall not include weekends and public holidays depending on respective states. Weekends and public holidays shall be known as non-business days. For the ease of reference, the information for exclusion of Business Days for shipment is tabulated below:

Days that are excluded from calculation of shipping days

Non-business days that are excluded from the calculation for shipping days for sellers from Kedah, Kelantan and Terengganu

Friday and Saturday 

Non-business days that are excluded from the calculation for sellers from other States (including Johor)

Saturday and Sunday 

Non-business days that are excluded from the calculation for sellers from all states

Public Holiday

  1. Cancellation

There are two types of cancellation that we allow in accordance with the Terms:

  1. User cancellation. If the Buyer cancels the order of any item for any reason that is not the Seller’s fault, the Seller is not required to pay the Processing Fees and our Platform will bear this risk.

  2. Seller cancellation. If the Seller cancels the order of any item of a Buyer within 24 hours for reasons such as running out of stock or non-availability or any other acceptable reason, we shall not charge Our Commission and Processing Fees to the Seller. If the Seller does not cancel the order of any item of a Buyer within 24 hours (which means canceling it after 24 hours have passed), the Processing Fees shall be charged to the Seller and shall not be refunded to the Seller.

  1. Non-party to disputes

You shall agree that we are only a Platform to connect Seller and Buyer for the sale and purchase of gifts specifically and that we are not responsible for selling and shipping of products and items, therefore if there are any disputes in regards to the products/items, you shall not make us a party to your dispute especially if there is any litigation process. 

  1. Ratings and Reviews

As Seller, you shall agree that the Buyer may provide ratings and reviews for your product/items. 

  1. Disclaimer of Warranties

  1. As a Buyer, you shall understand we are just a platform for people to be able to purchase gifts from sellers from our Platform to be sent to your family and friends. We do not in any way manufacture, produce, store or inspect products/items that are sold on our Platform; therefore, we do not make warranty about their qualities, safety, authenticity or their legality. 

  2. We shall also make no warranty that our Platform is free from defects or viruses or that the operation of Service on our Platform won’t be interrupted. While our maintenance and engineering team shall do their best, however we shall not be able to guarantee this.

  3. We shall no warranty to the accuracies and/or completeness of contents on our Platform.

  4. You may have additional consumer rights under the law which the Terms can’t change however to the extent permitted by the law, we disclaim all warranties, express or implied in connection with the Service and Platform.

  1. Limitation of Liabilities

Unless otherwise stated and to the fullest extent permitted by law, any claims against us by you shall be limited to the amount actually paid and/or due from you in utilizing our Service and/or Platform. Further, we shall not be liable for the followings:

  1. Actions that are done by third party especially shipping and delivery;

  2. Actions that are committed by the seller;

  3. The sale of faulty, defective, incomplete, counterfeit, dented or damaged products by the Seller;

  4. Use or inability to use our Service and Platform;

  5. Any reliance placed by you on the completeness, accuracy or existence of any advertisement or content on our platform;

  6. Any loss or damage arising from the use of our Service and Platform.

  1. Termination by you

You may terminate your account with us anytime through your account setting.

  1. Termination or suspension by us

In our sole discretion, we may restrict, suspend, and/or terminate your access to and use of the Service and Platform for any period of time, with or without prior notice.

  1. Notice

  1. We may give notice through the Platform and electronic mail (e-mail) to your email address.

  2. Such notice shall be deemed to have been given upon the expiration of one (1) hour after sending (if sent by e-mail).

  1. Dispute and Governing Law

If there is any problem, you shall communicate with us first to resolve the problems before proceeding to take any legal action. The Terms shall be construed, interpreted and governed by the laws of Malaysia and the Courts of Malaysia shall have jurisdiction to settle disputes.

  1. Intellectual Property

All content, materials, and information that is not your Content or third-party content shall be our property and you shall acknowledge that we have the intellectual property in our Platform and that you shall not infringe our right. 

  1. Links and third-party content

Sometimes, we do provide third-party links and content on our Platform however their actions are outside of our control. You shall have the responsibility to read their terms of use and service and privacy policy and shall not us liable for any third-party links and contents on our Platform.

  1. Remedy

We reserve the right to seek all remedies available at law and in equity for violations of the Terms.

  1. Indemnification (if you caused us to be sued)

You agree to indemnify, hold us harmless, and defend us, from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with 

  1. your use of the Services;

  2. your online conduct in connection with the Services;

  3. your (or anyone acting under your password or username) violation or breach of the Terms;

  4. your failure to comply with any applicable laws or regulations in connection with the Service and/or Platform;

  5. your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Service and/or Platform; or 

  6. any of your dealings or transactions with other persons, persons or third-party platforms resulting from use of the Service and/or Platform. 

  1. Integration

The Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Platform shall constitute the entire agreement between you and us. 

  1. Severability

If any of the provisions of the Terms is held invalid or unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

  1. Waiver

Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

  1. Contact Information

Please direct any questions, complaints, or comments related to our Service and Platform to hello@recrave.co.

 

I HAVE READ THE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH FACEBOOK/GOOGLE” 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.

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