These Terms of Use govern your use of the GrakCommerce website and, unless otherwise stated, to your use of any other website or mobile application owned or operated by Grak Networks Sdn Bhd or operated on behalf of GrakCommerce (collectively the “Websites”). Please read these Terms of Use carefully before using the Websites.
By using the Websites, you agree to these Terms of Use and the GrakCommerce General Online Privacy Policy (for visitors who are eighteen years of age or over) or the GrakCommerce Children’s Online Privacy Policy (for visitors who are under eighteen (18) years of age) which are incorporated herein by reference. Each time you use the Websites, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Websites.
GrakCommerce may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Websites. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Websites.
You may be required to create an account and specify a password to use certain features on the Websites. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by mail at: [email protected] or send a message to our live-chat service. You agree to indemnify and hold harmless GrakCommerce for losses incurred by GrakCommerce or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
GrakCommerce is not responsible for, and does not endorse, Content in any posting made by other users on the Websites. Under no circumstances shall GrakCommerce be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Websites. If you become aware of misuse of the Websites by any person, please contact us by mail at: [email protected]
If you feel threatened or believe someone else is in danger, you should contact the local law enforcement agency immediately.
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Websites. GrakCommerce reserves the right to investigate and take appropriate legal action against anyone who, in GrakCommerce sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:
GrakCommerce reserves the right -- but is not obligated -- to do any or all of the following:
All trademarks, logos, and service marks displayed on the Website are registered and unregistered Trademarks of GrakCommerce and/or third parties who have authorized their use (collectively the "Trademarks")
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of GrakCommerce trademarks on any other website is strictly prohibited. All of the materials contained on the Websites are copyrighted except where explicitly noted otherwise. GrakCommerce will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. GrakCommerce neither warrants nor represents that your use of materials displayed on the Websites will not infringe rights of third parties not owned by or affiliated with GrakCommerce. Use of any materials on the Websites is at your own risk.
This Websites may contain hyperlinks to third-party websites. GrakCommerce does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that GrakCommerce is not responsible or liable for any Content or other materials on these third party websites.
These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Websites resides in the courts of Malaysia, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
The end customer can choose between different payment methods provided on the platforms, which are currently the following: [cash on delivery (depends on merchants), FPX, Visa/Mastercard. The provider reserves the right to provide other payment methods or to no longer offer certain payment methods. The end customer bindingly chooses the payment method when placing the respective order. Provided that the end customer chooses an online payment method, the payment might be processed by an external payment provider cooperating with the provider. Card data will in this case be stored for future orders by the payment provider, on the condition that the end customer chooses the respective storage of such and hereby gives consent to it. Due to the COVID-19 emergency in Malaysia, all orders paid online will be delivered without physical contact.
The Websites and the Content are provided on an “as is” basis. To the fullest extent permitted by law, GrakCommerce, its parent, subsidiaries, and affiliates (the GrakCommerce entities), and each of their agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantibility, non-infringement of third parties rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The GrakCommerce Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Websites will be reliable, accurate, complete, or updated on a timely basis; (b) the Websites will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the Websites will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (d) any Content you post on the Websites will remain on the Websites; or (e) the functions or services performed on the Websites will be uninterrupted or error-free or that defects in the Websites will be corrected.
The GrakCommerce entities, their agents, representatives, and service providers, entire liability and your exclusive remedy with respect to your use of the websites is to discontinue your use of the websites. The GrakCommerce entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the websites or for any other claim related in any way to your use of the websites. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the GrakCommerce entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the GrakCommerce entities, their agents, representatives and service providers' liability shall be limited to the extent permitted by law.
GrakCommerce has the right to terminate your account and access to the Websites for any reason, including, without limitation, if GrakCommerce, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. GrakCommerce may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.
We reserve the right to modify, update, or discontinue the Website at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Website.
The Terms contain the entire agreement between you and us regarding the use of the Website, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in the Terms. Any failure on GrakCommerce’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with GrakCommerce’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.