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Welcome to the One Stop Party Shop website ("Website"), a site owned by One Stop
Party Shop and operated by epayAsia Sdn Bhd.
The following terms and conditions ("Terms and Conditions") apply to your access
and use of this Website and the services provided herein by One Stop Party Shop
and/or on its behalf. Please read these Terms and Conditions carefully.
If you do not accept these Terms and Conditions, please discontinue your access
to this Website and/or use of the services immediately.
1.0 GENERAL
This Website enables you to make online purchases or subscription of displayed goods
and services (hereinafter referred to as "Products") via One Stop Party Shop payment
service available under epayAsia Sdn Bhd’s online payment service, i.e. TeleMoney.
You understand that One Stop Party Shop merely provides you with a forum in which
selected merchants recruited by One Stop Party Shop (hereinafter referred to as
"Merchants") may make their Products available and buyers may purchase those Products
from the Merchants online via the use of epayAsia's payment service available under
TeleMoney. In addition, One Stop Party Shop also, through its partner epayAsia Sdn
Bhd, provide customer relationship management services to handle any queries or
complaints made by you in relation to the Website, the Merchant's Products and the
service provided herein. HOWEVER, your actual purchase and subscription of the Products
will be subject to the Merchant's standard terms and conditions of sale and any
other specific terms and conditions of sale as may be applicable to a particular
Product. All agreements pertaining to the sale and purchase of Products via this
Website therefore shall be between you and the respective Merchant.
These Terms and Conditions are meant to regulate your access to this Website and
your use of the services herein and they are to be read together with the terms
and conditions applicable to TeleMoney, which will govern your payment transaction(s)
as well as the applicable Merchant terms and conditions governing the Products.
In the event of conflict between these Terms and Conditions and the terms and conditions
governing the relevant transaction(s) and Product(s) made available herein, the
latter would prevail to the extent of such inconsistencies.
The information, material, functions and content provided in the pages of the Website
may be changed from time to time with or without notice at One Stop Party Shop absolute
discretion. Your continued access or use of the Website and/or the services provided
herein subsequent to any such change will be deemed as your acceptance to those
changes.
2.0 DISCLAIMER OF WARRANTIES AND LIABILITY
The materials and information in this Website, including but not limited to the
Product description, information, data, text, graphics, audio, video, links or other
items (hereinafter collectively referred to as "materials and information"), are
provided on an "as is" and "as available" basis. References to materials and information
contained in the Website include such material and information provided by third
parties.
Although One Stop Party Shop shall use its reasonable efforts to ensure the accuracy
and validity of the materials and information made available on the Website, One
Stop Party Shop does not make any express or implied warranties, representations
or endorsements including but not limited to any warranties of completeness, accuracy
usefulness, reliability, fitness for a particular purpose in respect of the Website,
the material and information and/or functions therein and expressly disclaims liability
for errors and omissions in such materials and information and/or functions.
Further One Stop Party Shop does not warrant or represent that access to the whole
or part(s) of this Website, the materials and information and/or functions contained
therein will be provided uninterrupted or free from errors or that any identified
defect will be corrected, or that there will be no delays, failures, errors or loss
of transmitted information, or that no viruses or other contaminating or destructive
properties will be transmitted or that no damage will occur to your computer system.
One Stop Party Shop also provides no warranties or representations with regards
to the Products made available by the Merchants on the Website including but not
limited to the merchantability, fitness for particular purpose, satisfactory quality
of the Products. Unless otherwise expressly stipulated, all Products made available
by the Merchants on the Website shall be the responsibility of the respective Merchants.
3.0 YOUR CONDUCT
Your access and use of this Website shall at all times be in accordance with all
rules, regulations, laws and legislation governing the same and any guidelines and
policies of One Stop Party Shoppertaining thereto. You shall not conduct yourself
in a way which:
(a) disrupts the access and use of this Website and the products and services provided
hereunder by others;
(b) disrupts the provision of this Website and the products and services by One
Stop Party Shop and its partners;
(c) adversely affects the rights of epayAsia Mall, its partners or any other persons;
(d) gives rise to civil liability or constitutes a criminal offence;
(e) is objectional to public morals and decency;
or otherwise misuse in any way, this Website, its contents and the services provided
hereunder. Neither shall you assist or enable others to perform or carry out the
acts as above mentioned.
4.0 ITEMS PUT UP FOR SALE
All Products up for sale is merely an invitation to treat and is not an offer capable
of acceptance. All offers by you to purchase any Products on this Website are subject
to acceptance by the Merchants recruited by One Stop Party Shop. We reiterate that
the contract for the purchase of the Product shall be between you and the relevant
Merchant and shall be subject to the standard Merchant terms and conditions of sale
as may be stipulated on the Website and/or any other terms and conditions as may
be applicable to a particular Merchant's Product.
5.0 YOUR CYBER MALL REGISTRATION
In the event that you wish to proceed with the purchase or subscription of any of
the Products made available via the Website, you would need to go through a simple
registration process where you will be required to select a login name and password
for the creation of an account with the Cyber Mall.
You shall provide and maintain true, accurate, current and complete information
about yourself when registering for your account.
You shall be solely responsible for maintaining the confidentiality of your login
name and password, and you agree to accept responsibility for all activities that
occur under your account or password whether or not authorised by you and you shall
immediately notify One Stop Party Shop and/or epayAsia Sdn Bhd if it comes to your
knowledge that your login or password has been compromised or there has been unauthorised
use of your account.
One Stop Party Shop shall not be liable for any damage or loss of any kind suffered
by you as a result of unauthorised use of your login name and password.
One Stop Party Shop reserves the right to refuse service, terminate and/or suspend
accounts, remove or edit content, or cancel orders in its sole discretion. In particular,
and without limitation, One Stop Party Shop may terminate and/or suspend your account
should you violate any of these Terms and Conditions, or violate the rights of One
Stop Party Shop, of any other user(s) or of any third party (ies).
6.0 DELIVERY, TITLE AND RISK OF LOSS
The delivery of all Products purchased via the Website shall be the responsibility
of the Merchant. With the exception of subscription based products, the delivery
of Products purchased via the Website shall be made by the Merchant or any other
third party designated by the Merchant pursuant to the delivery time schedule as
may be stipulated in the Website as applicable to the Product(s)..
You understand that the timely delivery of the Products shall be the responsibility
of the Merchant and although One Stop Party Shop shall through its partner epayAsia
Sdn Bhd, provide the resources for the initiation and handling of all queries, comments
and complaints to be made, neither One Stop Party Shop nor epayAsia Sdn Bhd shall
be responsible for any delay or failure to deliver the Products in accordance with
the specific delivery time schedule as may be applicable to the Products.
7.0 RETURN AND REFUND POLICY
Unless otherwise expressly stipulated, One Stop Party Shop through its partner epayAsia
Sdn Bhd shall handle all requests for the return of Products via its customer service
e-mail at customerservice@epayasia.com.my.
All queries, comments and complaints in relation to the Website and the Products
made available hereunder may also be made via this e-mail.
Requests for return of Products can only be made within fourteen (14) days from
the date of delivery of the Products based on the Merchant's records, and only where
the Products delivered are damaged or defective upon delivery or do not correspond
with the order made by you as verified by epayAsia Sdn Bhd.
Returns however will not be made or will be made subject to additional charges,
where the Product(s)' failure to correspond with the order made by you is due to
your failure to provide accurate or complete instructions with regards to your purchase
order.
All return requests will be subject to verification and approval by epayAsia Sdn
Bhd. For the avoidance of doubt, no cancellation of order or exchange of Product
for another item of similar or different value shall be allowed.
All Products approved by epayAsia Sdn Bhd to be returned to the respective Merchant
must be securely packaged and wrapped. The delivery cost for the return of the Products
shall be borne by you.
All Products returned shall be exchanged with a Product of the same description
in the Purchase Order.
A refund in relation to a returned Product will only be made where the Merchant
has no more stock of the returned Product.
For a more detailed explanation of our return and refund policy, please check the
Website.
8.0 COPYRIGHT
All content included on this Website, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, are owned
and/or licensed by One Stop Party Shop, epayAsia Sdn Bhd and/or its content supplier
and are protected by copyright, trademarks and other laws. The compilation of all
content on this Website is the exclusive property of One Stop Party Shop and is
protected by copyright laws.
9.0 TRADEMARKS
All trademarks, service marks and logos displayed on this Website are owned and/or
licensed to One Stop Party Shop, epayAsia Sdn Bhd and/or their respective third
party proprietors as identified on the Website.
Unless the prior written consent of One Stop Party Shop, epayAsia Sdn Bhd and/or
the relevant third party proprietor(s) of any of the trademarks, service marks or
logos appearing on the Website has been obtained, no license or right is granted
to any party accessing this Website to use, download, reproduce, copy or modify
such trademarks, service marks or logos. Similarly, unless the prior written consent
of One Stop Party Shop, epayAsia Sdn Bhd and/or the relevant proprietor(s) has been
obtained, no such trademarks, service marks or logos may be used as a link or to
mark any link to the Website or any other site owned and/or controlled by One Stop
Party Shop.
10.0 LICENSE AND WEBSITE ACCESS
One Stop Party Shop grants you a limited license to access and make personal use
of this Website and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of One Stop Party Shop. This
license does not include any resale or commercial use of this Website or its contents;
any collection and use of any product listings, descriptions, or prices; any derivative
use of this Website or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This Website or any portion of this Website
may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of One Stop Party Shop.
You may not frame or utilize framing techniques to enclose any trademark, logo,
or other proprietary information (including images, text, page layout, or form)
of One Stop Party Shop and/or its relevant third party proprietor without express
written consent. You may not use any metatags or any other "hidden text" utilizing
epayAsia Mall's name or trademarks without the express written consent of epayAsia
Mall. Any unauthorised use terminates the permission or license granted by One Stop
Party Shop.
11.0 EXCLUSION OF LIABILITY
Neither One Stop Party Shop nor epayAsia Sdn Bhd shall in any event be liable for
any loss or damage howsoever arising whether in contract, tort, negligence, strict
liability or any other basis, including without limitation, direct or indirect,
special, incidental, consequential or punitive damages, or loss profits or savings
arising in connection with your access or use or the inability to access or use
this Website (or any third party link to or from the Website), reliance on the information
contained on the Website, any technical, hardware or software failure of any kind,
the interruption, error, omission, delay in operation, computer viruses, or otherwise.
This exclusion clause shall take effect to the fullest extent permitted by law.
12.0 INDEMNITY
You hereby irrevocably agree to indemnify and keep indemnified One Stop Party Shop
and/or epayAsia Sdn Bhd from all liabilities, claims, losses and expenses, including
any legal fees that may be incurred by One Stop Party Shop and/or epayAsia Sdn Bhd
in connection with or arising from (1) your misuse of this Website and the services
provided herein, or (2) your breach of these Terms and Conditions howsoever occasioned,
or (3) any intellectual property right or proprietary right infringement claim made
by a third party against One Stop Party Shop and/or epayAsia Sdn Bhd in connection
with your use of this Website.
13.0 WEBSITE LINKS
This Website may contain links to website(s) controlled or offered by third parties
other than One Stop Party Shop. One Stop Party Shop hereby disclaims liability for
any information, materials, products or services posted or offered at any of the
third party websites linked to this Website. By creating a link to a third party
website, One Stop Party Shop does not endorse or recommend any products or services
offered or information contained at that website, nor is One Stop Party Shop liable
for failure of products or services offered, or advertised at those websites. Such
third parties may have a privacy policy different from that of One Stop Party Shop,
and the third party website may provide less security than this Website.
14.0 ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to One Stop Party Shop or epayAsia Sdn
Bhd, you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail and/or by posting
notices on this Website. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
15.0 COLLECTION AND USE OF PERSONAL INFORMATION
In addition to disclosure of identification and contact particulars as contemplated
herein, One Stop Party Shop and/or epayAsia Sdn Bhd as authorized by One Stop Party
Shop, shall collect, store, compile and utilize information to enable you to purchase
Products from this Website. epayAsia Sdn Bhd may provide certain information and
data about you to any other third parties for purpose of delivering the product
to you. Other than for the aforementioned reasons, One Stop Party Shop and/or epayAsia
Sdn Bhd will not disclose your name, address, telephone number, e-mail addresses
or any other personal identifying information, unless you give One Stop Party Shop
and/or epayAsia Sdn Bhd consent to do so or as may be required by law or pursuant
to any request or directives by regulatory authorities or governmental bodies or
agencies.
16.0 CURRENCY
All transactions on the Website are to be conducted and payable in Ringgit Malaysia
(RM), unless otherwise indicated.
17.0 LAW AND JURISDICTION
These terms and conditions are governed by and are to be construed in accordance
with the laws of Malaysia. By accessing this Website and/or using the services provided
herein by One Stop Party Shop, you hereby consent to the exclusive jurisdiction
of the courts of Malaysia in all disputes arising out of or relating to the use
of this Website.
One Stop Party Shop makes no representation that the materials, information, functions
and/or services provided on this Website are appropriate or available for use in
jurisdictions other than in Malaysia.
18.0 WAIVER
The failure of One Stop Party Shop to exercise or enforce any right or provision
of these Terms and Conditions shall not constitute a waiver of such right or provision.
19.0 SEVERABILITY
If any of these conditions or part thereof shall be deemed invalid, void, or for
any reason unenforceable, that condition or part thereof shall be deemed severed
and shall not affect the validity and enforceability of any remaining terms and
condition.
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