Supplier Agreement
Section 1 - Purpose
The purpose of this is to clarify Supplier Agreement the rights and obligations of Suppliers WHO have registered Themselves as Suppliers in http://www.whizet.com (the "Website") operated by Whizet Plt. ("Whizet.com") and all services provided by the Website and Whizet.com. Prior to this Supplier Agreement, Suppliers must also accept Terms & Conditions of the Website. By accepting this Agreement, Supplier agrees that this Supplier Agreement, Terms & Conditions, and Privacy Policy determined by Whizet.com will apply whenever Supplier uses the Website and other related services, or at any occasions Supplier uses the tools made available by Whizet.com.
Section 2 - Accounts
In using the Website, Supplier is responsible for maintaining the confidentiality of Supplier's own account and password, and for restricting unauthorized access to Supplier's account.
Supplier hereby agrees to accept responsibility for all activities that occur under the Supplier's account.
If a member is under 18 years old at the time of the member registration, such member shall not be allowed to use this Website as a Supplier, as stipulated in this Agreement. Whizet.com reserves the right to refuse service, terminate accounts, remove or edit the contents, or cancel orders in its sole discretion. Without limiting other remedies, Whizet.com may limit, suspend, or terminate the Website, its service and user accounts, prohibit access to the Website and its contents, delay or remove hosted contents , and take technical and legal steps to keep users off the sites if, based on Whizet.com's sole discretion, , it is Considered that Supplier is creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, in breach of any of the Terms and Conditions or this Agreement or acting inconsistently with the letter or spirit of Whizet.com Policies (for example, and without limitations, policies related to fraud actions, conducting off-site transactions, feedback manipulations, circumventing temporary or permanent suspensions or users WHO we believe are harassing the employees of Whizet.com or other users). Additionally, Whizet.com may suspend or terminate the accounts of any Suppliers WHO may be recurring infringers of intellectual property rights of third parties. Also Whizet.com reserves the right to cancel accounts that have been inactive for 1 (one) year, in accordance with the Policies as determined by Whizet.com. While using this Website as a Supplier, Supplier will not:
a. Post Inappropriate content or products in the categories or areas on the Website or services;
b. Violate any laws, third party rights, or Policies such as the Prohibited and Restricted products policies;
c. Use the Website or services as a Supplier if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Website;
d. Manipulate the price of any productor interfere with other user's listings;
e. Circumvent or Manipulate the fee structure, the billing process, or fees owed to Whizet.com;
f. Post False, Inaccurate, misleading, defamatory, or libelous content (including personal information);
g. Take any action that may undermine the feedback or ratings systems;
h. Transfer your account to another party without Whizet.com's consent;
i. Distribute or post spam, chain letters, or pyramid schemes;
j. Distribute viruses or any other technologies that may harm the Website, or the interests or property of users of the Website;
k. Copy, modify, or distribute the contents from the Website and Whizet.com's copyrights and trademarks; or
l. Harvest or otherwise collect information about users, Including but not limited to email addresses, without Reviews their consent; or
m. Use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, or other policy holds Consequences as regulated by Whizet.com.
Violations of this Agreement may result in a range of actions, Including but not limited to:
1. Listing cancellation
2. Loss of Settlement Amount
3. Limits placed on account privileges
4. Loss of "Supplier Grade" status
5. Account suspension / termination
6. Criminal charges and / or claims for damages
Section 3 - Service Fees
Joining the Website is free. However, Whizet.com Supplier does charge a number of service fees for completed transactions reviews such as Transaction Fee, various service fees for marketing and promotion features, and other service fees as determined by Whizet.com as stipulated in Whizet.com's Fees & Charges. When a Supplier uses a product or a service that has a fee, the Suppliers will have an opportunity to review and accept the fees that will be charged upon them for the transaction they are about to make, as stipulated in Fees & Charges. All service fees are subject Goods and Service Tax (“GST”) and other taxes under all applicable laws and regulations, and Whizet.com may charge the Suppliers such GST and other taxes additionally. Supplier agrees that service fees and taxes may be paid by deduction from the purchase value paid by buyers or by other methods agreed by the Supplier in accordance with the Policies determined by Whizet.com.
Section 4 - Supplier Obligation
Supplier shall properly manage and ensure that relevant information such as the price and the details of products, inventory amount and terms and conditions for sales is updated through the Supplier Admin Panel and shall not post inaccurate information. The price of products for sale will be determined by Supplier at his / her own discretion. Suppliers may wish to take into consideration all relevant factors, Including, but not limited to, Transaction Fees, shipping cost and other service fees. The settlement amount (before deducting there from any service fees) payable to a Supplier for a sales call now will be determined by the Supplier at his / her own discretion based on the price of the products and Transaction Fee. The price of a product and shipping cost shall include the entire amount to be charged to buyers such as sales tax, GST, tariffs, etc., if any, and Suppliers shall not charge buyers reviews such amount additionally and separately. Members agree that Whizet.com Supplier may, at its discretion, engage in promotional activities for and on behalf of the Suppliers to induce transactions between buyers and Suppliers by reducing, discounting or refunding the Transaction Fee and other service fees, or in other ways. In no event, such adjustment of Transaction Fee and other service fees will affect the originally determined settlement amount payable to Suppliers. The final price that buyers will actually pay shall be the price that such adjustment is applied to. For the purpose of promoting the sales of products listed by Suppliers, Whizet.com may post such products, at an adjusted price, on third-party Websites, such as portal sites and price comparison sites, and other Websites, whether it's domestic or foreign, operated by Whizet.com and / or its affiliates. Suppliers shall issue receipts or tax invoices to buyers on request, if such issuance is required under the laws of Malaysia.
Section 5 - Intellectual Property Rights
Suppliers shall ensure that all contents including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by Suppliers on the Website do not infringe or violate trade mark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and / or circuit layout rights and all various other intellectual property rights subsisting in any part of the world belonging to third parties.
Suppliers shall also ensure that the use of such intellectual property rights is with the prior, approval or consent of Intellectual Property Rights owner. Should there be any complaints or alleged claims of infringement or violation of intellectual property rights made by any Third Party against the Suppliers’ use of Intellectual Property Rights on the Website, Whizet.com may at its sole discretion without notice to the Supplier take down the listing, information, specification and / or photograph complained of and suspend sales of the Supplier’s corresponding product until such time Whizet.com at its sole discretion deems that evidence provided is sufficient to prove that the complaints and / or alleged claims are invalid. In order to boost sales, information regarding products and services provided by Suppliers on the Website may be disclosed to Whizet.com's affiliated third parties, Including Websites owned by and / or affiliated to such third party, as well as blogs belonging to other members of the Website where disclosure of information is by another member on their blog, such disclosure could only be done in accordance to the methodologies prescribed by Whizet.com in the Policies and is subject to the agreement of the member who wishes to disclose another member’s information to the Policies set by Whizet.com Suppliers shall indemnify and hold harmless Whizet.com and its directors and employees from all actions, claims and demands which may be instituted or made against the Suppliers arising from the Supplier’s use of Intellectual Property Rights or violation of any applicable intellectual property laws. Supplier has received claims from Third Party that their postings made on the Website infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, Suppliers shall to the extent possible exempt and not involve Whizet.com, its directors and employees, and the Website from and in such claims.
Suppliers shall notify Whizet.com as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to Whizet.com, its directors and employees and / or the Website arising from the Supplier’s use of any Intellectual Property Rights must shall be fully compensated by the Supplier.
Suppliers shall not, during or after the expiry or termination of this Agreement, use the name “Whizet.com” (a) in or as the whole or part of its own trade marks, domain names and / or trade names; (b) in a manner which may be confusing, misleading and / or deceptive; and (c) in a manner that disparages Whizet.com.
Section 6 - Product
Suppliers warrant that the product and service listed on the Website are genuine, authorised, legitimate, do not infringe the Intellectual Property Rights of any third party, and do not violate any applicable and prevailing laws and / or norms Suppliers shall immediately furnish evidence upon request that Supplier is the owner and / or is allowed permitted and / or authorised to use intellectual property rights embedded in or used in conjunction with the Product or services listed on the Website. Suppliers further warrant that the postings of the products or services, and the products or services sold are in compliance with all applicable Malaysian laws, including the Consumer Protection Act 1999, Food Act 1983 and the Sale of Drugs Act 1952. Suppliers shall immediately furnish evidence, such as a copy of the relevant certificate or licence issued under Malaysian laws, upon request that he / she has complied with the relevant legal requirements.
If the Supplier violates any of its warranty as-provided in this Section 6 and / or other Policies as determined by Whizet.com, Whizet.com has the right to terminate or cancel this Agreement immediately without notice to Suppliers, and to cease all kind of advertisement listing, information, specifications, photographs, and / or announcement with regards to Suppliers along with the Product (s) related to Supplier's account and has the right to demand payment from the Suppliers of any cost and losses incurred by Whizet.com.
Section 7 - Delivery
On receipt of the payment from the buyer, Whizet.com will notify the Suppliers of the paid order. Suppliers should then confirm that they have received the corresponding order within 2 (two) business days and take necessary actions for delivery. If the Supplier fails to do so, Whizet.com shall be given the option to cancel the corresponding order. Suppliers should dropship and enter delivery information including the name of the delivery company, the tracking number, and other particulars pertaining to the order through the Supplier Admin Panel within 2 (two) business days after the date of the confirmation. If the Supplier fails to do so, Whizet.com may deduct the Supplier Rating, and reserve full authority to give the option to the Buyer to cancel the transaction before the Product has been shipped. Whizet.com shall not be responsible or liable for any losses or damages to the corresponding Supplier such due to cancellation. Supplier shall take all reasonable actions for the buyer to receive the Product within the time period specified on the product detail page. If Supplier fails to deliver the Product within such period or the Product was not received by the buyer due to, reasons not attributable to the buyer, such as delivering to wrong address, the Supplier shall bear all liabilities relating thereto. If any transaction is canceled due to, reasons attributable to the Supplier, eg unavailability of the Products, Whizet.com may take necessary actions against the Supplier. Whizet.com may, at its option, provide overseas delivery service and other services relating to delivery in association with third- party service providers. The delivery method and provisions stipulated in this Section, will comply and be in accordance with the Policies as determined by Whizet.com. In the event of any express conflict or difference (s) between this Section and the Policies, the Supplier hereby agrees with Whizet.com that the Policies shall PREVAIL.
Section 8 - Cancellation, Exchange, Return, and Refund
Once buyer placed order and purchased the Product, cancellation will be subject to Supplier's approval and Whizet.com's Policies . Once Product is in "Shipped Out" status, such purchase will be subject to a return process in accordance with Whizet.com's Policies . In the event that there is any disagreement between the Suppliers and Whizet.com regarding this matter, the Policies shall PREVAIL Buyers may request for the return, exchange or refund of the Product at any time within 5 (five) business days from the date of receipt. With respect to a return-related matters, the relevant Regulations and Policies shall PREVAIL over the terms and conditions suggested by the Supplier. After receiving returns-exchange requests from buyers, Suppliers must respond by expressing in writing either approval or denial within 5 (five) business days to the Buyer and/or Whizet.com. Should the Suppliers fail to do so, Whizet.com may assume that the Supplier has accepted to the Buyer’s request and shall automatically proceed with the refunds / exchange. Once the request for returns-exchange has been followed up by the Supplier and the Supplier have received the Products returned by the Buyer, Suppliers may postpone returns exchange if there is a need to check for any delivery fee settlement from the Buyer or, whether free gift has been returned, , and should there be a justifiable reason, Supplier may reject returns. Upon this request, Whizet.com's Customer Service center shall confirm the situation with the Suppliers and proceeds towards carrying out suitable actions for refunds in accordance with applicable and specific Policies that are relevant except in the case where the Supplier wishes to dispute Buyer’s return of the Products and request for, refunds, or exchange, Whizet.com may postpone refunds if Suppliers request to postpone refunds by providing evidence on suitable reason. If the buyer sends the Product for returns to Whizet.com due to good causing and if delivery to the designated recipient is impossible including but not limited to loss of contact with Supplier, the Buyer shall notify Whizet.com's Supplier to pick-up the Product up within 5 (five) business days. If Suppliers do not respond within 5 (five) business days, Whizet.com may permanently dispose the corresponding Product . Should there be any fault or any safety concerns with the Product, Whizet.com shall require the Suppliers to recall its entire stock and to repair, exchange, refund, and all costs shall be borne by the Supplier.
Returns costs shall be borne out by the party attributable to the returns request, such as:
1. Buyer, where the returns is due to his / her change of mind and
2. Supplier, where the returns is due to the defects in the Product, delivery delay by Supplier, and / or delivery of the wrong or different product.
For exchange of the Product (s) due to defects in the Product or if the wrong / different Product was sent to the Buyer, the Buyer must return the Product to the Suppliers. The Suppliers will deliver the replacement Product to the Buyer after the Supplier receives Member Reviews such defect or wrong product from the Buyer. Supplier is obligated to use shipping company that Provides tracking system and Suppliers must inform the tracking number to the Buyer. For exchange of the Product (s) due to the Buyer's change of his / her mind, the exchange must be pre-approved by the Suppliers and re-delivery charges will be completely borne by the Buyer. The Re-delivery payment charges must be paid by the Buyer to the Whizet.com after the Suppliers agrees to exchange the Product (s) and Supplier has received the Product (s) from the buyer. Whizet.com then will credit such re-delivery payment charges to the Suppliers's account.
Buyer is not allowed to return or exchange Products belonging to the following Product categories, UNLESS the Product is defective, malfunctioning or was wrongly delivered :
a. Products Delivered from Overseas
b. Gadgets and Electronics
c. Lingerie and Underwear
d. Swimsuit
e. Beauty Products
f. Fragrances
g. Customized Products
h. Ticket, Hotel Reservation & Vouchers, Including but not limited to Airline Tickets, Concert Tickets
i. CDs & DVDs
j. Food, Including Perishable and Non-Perishable
Section 9 - Settlement
Supplier shall submit personal / business identification information such as a copy of Identity Card (My Kad) or necessary business licenses or company documents as requested by Whizet.com and bank account information together with documents, as required by Whizet.com, evidencing that the bank account is owned by and in the name of the Suppliers when completing the Supplier registration. Suppliers shall not claim against Whizet.com for damages, other than those stipulated in the Policies as determined by Whizet.com. The amount payable by Whizet.com to the Suppliers for any completed transactions through the Website is the Settlement Amount. The Settlement Amount will be calculated by deducting all service fees from the amount paid by the buyers. Settlement Amount will be paid via direct transfer to Supplier's bank account.
The Settlement Amount shall be paid in the following method:
1. Within 2 (two) business days after the day of the buyer's confirmation of receipt; or
2. Within 7 (seven) business days from the completion date of the Product delivery as stated in the Website; or
3. Within 2 (two) business days after the day of the receipt of the proof of delivery from Suppliers or the corresponding buyers.
Notwithstanding the provision of this Section, Settlement as stipulated in this Section will comply to the Policies as determined by Whizet.com. Whizet.com may at its discretion curtail the term based on Supplier's performance or based on on certain circumstances.
Whizet.com may deduct from the Settlement Amount to any expense or loss to which may have arisen due to the fault of the Supplier, or in order to protect against the risk of liability, payments of the Settlement Amount may be withheld at Whizet.com's discretion.
Section 10 - Privacy Protection
Whizet.com views protection of buyers and Suppliers (the "User") privacy as a very important community principle. User information is stored and processed on computers protected by physical as well as technological security devices. Whizet.com do not sell or lease-out Supplier's personal information to third parties for marketing or business Reviews their purposes without consent from the Suppliers. Usage of Supplier information will be limited to purposes as described in the Terms & Conditions and other Policies as determined by Whizet.com. Suppliers can access and modify the information-provided to Whizet.com and choose not to receive on certain communications by signing-in to Supplier's account in the Website. Whizet.com may use third parties to verify and certify Whizet.com's privacy principles. For a complete description of how Whizet.com Reviews such use and protect information, please see Whizet.com Privacy Policy . If Supplier objects to your information being transferred or used in this way, please do not use the Website and other services offered by Whizet.com. For the avoidance of doubt, has reasonable grounds if Whizet.com to believe that any User is in breach of any of the terms of this Agreement and / or the Terms & Conditions and / or other Policies as determined by Whizet.com, Whizet.com reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and / or Injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, Whizet.com may disclose the User's identity and contact information, or Reviews such other transaction-related data if requested by a government or law enforcement body, private investigators, rightful owner or interest holder and / or any Injured third party or as a result of a subpoena or other legal action, or if Whizet.com is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Whizet.com shall not be liable for damages or results arising from Reviews such disclosure, and the user(s) agrees not to bring an action or claim against Whizet.com for Reviews such disclosure. By agreeing to this Supplier Agreement, the Suppliers consent that the personal information collected will be processed in accordance with the Privacy Policy.
Section 11 - International Section
A. International Trading
Suppliers WHO are located overseas ("Global Supplier") may list their Product on the Website for international trade and it is important that all listings and transactions comply with applicable laws of Malaysia. Global Supplier are responsible for ensuring that transactions are lawful in both the country of the Global Supplier and Malaysia. Whizet.com strongly encourages Global Supplier to learn about the laws of their own country as well as those of Malaysia. Global Suppliers should then make sure that the Product they're selling can be lawfully posted outside of the country where the Global Supplier is located and also the make sure that Global Supplier can lawfully export the product into Malaysia before sending the Product. Suppliers should discuss possible global export and / or import problems with potential buyers, do careful research, and hire an expert if necessary to the make sure that all transactions comply with all applicable laws.
B. Customs
If the country of a Global Supplier, the Buyer is considered the importer of record and must comply with all laws and regulations of Malaysia. Buyers should the make sure that they can lawfully import the product into Malaysia before purchasing the Product. Buyers may be subject to import duties and taxes, which are levied once a shipment reaches Malaysia. In principle, the additional charges for customs clearance must be borne by the Global Supplier if not specified otherwise in the product detail page explicitly; Whizet.com has no control over these charges. These charges can not be predicted. Global Supplier may wish to contact the local customs office for further information on Malaysian customs policies as customs policies vary country to country. Whizet.com suggests that international Buyers of Malaysia and Global Suppliers WHO will ship internationally be aware that cross-border shipments are subject to opening and inspection by customs authorities. Also, Whizet.com or Global Suppliers may provide on certain order, shipment, and Product information - such as titles - to the international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require Whizet.com or Global Suppliers to state the value of the purchased Product directly on the package.
C. Cancellation and Refund
For overseas purchases, returns attributable to the buyer may not be practically possible due to high return costs. Whizet.com or the Global Suppliers take no responsibility and assume no liability for Reviews such cases.
D. Settlement for Global Suppliers
With 'Global Suppliers' and 'Products sold to Malaysia', there are separate purchase confirmation regulations set forth as follows:
1. With 'products sold to Malaysia', 20 (twenty) calendar days after the delivery date, automatic purchase confirmation will be made and payment settlement shall automatically be processed after 2 (two) business days after such settlement date.
2. All settlement sum of 'Global Suppliers' shall be paid into Supplier's bank account. At the bank transfer payment request, payment sum Excluding bank transfer fee shall be made into the registered account.
3. I3. If an overseas bank account is registered, a bank transfer payment request must be processed separately and the entire requested sum shall be transferred via bank on the proceedings on a Tuesday. This day is subject to change depending on various situations as determined by Whizet.com.
4. 4. Transaction fees and other fees determined by Whizet.com, which arise due to overseas bank transfers shall be borne by the Global Suppliers, and exchange rates shall adhere to rates at the time of the bank transfer.
Section 12 - Content
Suppliers may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise Injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." Suppliers may not use a false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin or other content. Whizet.com reserves the right, but not the obligation, to remove or edit Reviews such content, but does not regularly review posted content. If a Supplier posts a content or submit a material, and UNLESS Whizet.com indicates otherwise, the Supplier is deemed to have a granted Whizet.com a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Suppliers are deemed to have granted Whizet.com and sublicenses the right to use the name that Members submit Supplier in connection with such content, if they choose. Suppliers Represent and warrant that Suppliers own or otherwise control all of the rights to the corresponding contents posted by Themselves in the Website; that the content is accurate; that use of the content supplied does not violate the Policies and will not cause injury to any person or entity; and that the Member will indemnify Supplier for all claims Whizet.com the resulting from content supplied. Whizet.com has the right but not the obligation to monitor and edit any activity or content. Whizet.com takes no responsibility and assumes no liability for any content posted by Supplier or any third party.
Section 13 - Other Businesses
Parties other than Whizet.com may, operate stores, provide services, sell products or list advertisement on the Website, and this site may link to sites of affiliated companies and on certain other companies. Whizet.com is not responsible for examining or evaluating, and also does not provide any representations or warranties the Products or businesses or individuals or the contents of their Websites. Whizet.com does not assume any responsibility or liability for the actions, Product and contents of any such affiliated companies and any other third parties. Suppliers should also carefully review the privacy policy and the statements and other conditions of use of such links.
Section 14 - Release
If a Supplier has Disputes with one or more users, the Suppliers hereby releases Whizet.com, and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature , known and unknown, arising out of or in any way connected with such Disputes.
Section 15 - Access and Interference
The Website contains robot exclusion headers. Much of the information on the sites is updated on a real time basis and is proprietary or is licensed to Whizet.com by Website users or third parties. Suppliers agree that not to use any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission Whizet.com's. Additionally, Suppliers agree that they will not:
1. Take any action that imposes or may impose, in Whizet.com's sole discretion, an unreasonable or disproportionately large load on the Website's infrastructure;
2. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for Supplier's own Information, from the Website without the prior written permission of Whizet.com Expressed and the NAMAs third party, as applicable;
3. Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
4. Bypass Whizet.com robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
Section 16 - Indemnity
Suppliers hereby indemnify and hold Whizet.com, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys' fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of Supplier's breach of this Agreement, or Supplier's violation of any law or the rights of a third party.
Section 17 - No Warranties
Suppliers will not hold Whizet.com responsible for other Users' content, actions or inactions, or Product listed by Users, including content they post. Suppliers acknowledge that Whizet.com and the Website is not a traditional online shopping service provider or Auctioneer. Instead, Whizet.com and the Websites provide an electronic dropship platform for Buyer and Suppliers to carry out transactions between Buyers and Suppliers. Whizet.com is only responsible for operating and managing the Website and making reasonable efforts in order to maintain efficient services on the Website. Whizet.com and the Website are not involved in the actual transaction between buyers and Suppliers. Whizet.com and the Website have no control over and do not guarantee the quality, safety or legality of products advertised, the truth or accuracy of users' content or listings, the ability of Suppliers to sell products, the ability of buyers to pay for Product, or that a buyer or Suppliers will actually complete a transaction. Whizet.com and the Website do not transfer legal ownership of products from Suppliers to the buyer. Unless buyers and Suppliers agree otherwise, the buyer will become the Product's lawful owner upon physical receipt of the Products from the Supplier. Whizet.com can not guarantee continuous or secured access to our services, and operation of the Site may be interfered with by numerous factors outside of Whizet.com's control. Accordingly, to the extent that is legally permitted, excludes all implied warranties Whizet.com, terms and conditions. Whizet.com is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of Suppliers use of the Website and services. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS Website, OR FROM A LINKED SITE Obtained Provided IS TO THE USER "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR Whether implied, Including, BUT NOT LIMITED TO, THE implied warranties OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WHIZET.COM HAS MADE REASONABLE Efforts TO POST CURRENT AND ACCURATE INFORMATION ON THIS Website; HOWEVER, WHIZET.COM ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR omissions whatsoever IN THE INFORMATION PROVIDED IN THIS Website. UNDER NO CIRCUMSTANCES WILL WHIZET.COM BE LIABLE FOR ANY LOSS OR DAMAGE BY THE USER'S CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS Website. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS Website IS SOLELY AT THE USER'S OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE Exclusion OF CERTAIN warranties, SO THE ABOVE MAY Exclusions Limitations OR NOT APPLY TO SOME USERS.
Section 18 - Limitation of Liability
Specifically Supplier AGREES THAT WHIZET.COM SHALL NOT BE Responsible FOR UNAUTHORIZED ACCESS TO OR alteration OF THEIR transmissions OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS Website. Specifically Suppliers AGREE THAT WHIZET.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, Including INTELLECTUAL PROPERTY RIGHTS. Specifically MEMBERS ALSO AGREE THAT WHIZET.COM IS NOT responsible FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND / OR INCLUDED IN THIS SITE BY ANY THIRD PARTY. IN NO EVENT SHALL WHIZET.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES whatsoever, Whether IN CONTRACT, TORT, STRICT LIABILITY OR Otherwise, Including WITHOUT LIMITATION, THOSE Resulting FROM: (1) RELIANCE ON THE MATERIALS presented, (2) COSTS OF REPLACEMENT PRODUCTS, (3) LOSS OF USE, DATA OR PROFITS, (4) delays OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, OUT OF OR IN Arising CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS Website, Whether OR NOT WHIZET.COM HAS BEEN Advised Of The Possibility OF SUCH DAMAGES.
Section 19 - Termination
This Agreement will be terminated forthwith by either Party by written notice in any of following events:
a. If Supplier's membership status in the Website is terminated and / or revoked; or
b. If the other shall be in breach of any of the terms and conditions of this Agreement and / or the Terms & Conditions and / or Policies and fails to remedy the same within 60 (sixty) calendar days of being required by the other Party in writing; or
c. If either Party is Unable to pay its debts or a petition for winding up is presented or it goes into liquidation or judicial management or compounds with its creditors or a receiver Generally is appointed over all or any part of its assets or suffers any execution over Reviews such assets. However, the Parties agree that either Party shall be Entitled to undergo reorganization and / or amalgamation etc. and the other Party shall not be entitle to terminate this Agreement on account of reorganization and / or amalgamation; or
d. If either Party can not comply with, or obtain or maintain any necessary authorizations, licenses or registrations required for the performance of its duties as stipulated hereunder; or
e. If either Party negligently or willfully does anything that is materially harmful to the goodwill or reputation of the terminating Party.
Section 20 - Miscellaneous
If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed severable and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. Whizet.com's failure to act with respect to a breach by Suppliers or others does not waive Whizet.com's right to act with respect to the same, subsequent or similar breaches. Whizet.com does not guarantee that Whizet.com will take action against all breaches of this Agreement. The execution, validity, interpretation and implementation of this Agreement shall be governed and construed in accordance with the laws of the Malaysia. If there is a difference in opinion arising as a result of the implementation of this Agreement, the Parties agree to resolve by deliberation to reach a consensus. In the event that the settlement through deliberation to reach a consensus is not reached within sixty (60) calendar days or any other periods as agreed between the Parties. Whizet.com may amend this Agreement at any time by posting the Amended terms on the Website. Except as stated elsewhere, all Amended terms shall automatically be effective 14 (fourteen) calendar days after they are initially posted. This Agreement sets forth the entire understanding and agreement between Whizet.com and Supplier with respect to the subject matter hereof.
The purpose of this is to clarify Supplier Agreement the rights and obligations of Suppliers WHO have registered Themselves as Suppliers in http://www.whizet.com (the "Website") operated by Whizet Plt. ("Whizet.com") and all services provided by the Website and Whizet.com. Prior to this Supplier Agreement, Suppliers must also accept Terms & Conditions of the Website. By accepting this Agreement, Supplier agrees that this Supplier Agreement, Terms & Conditions, and Privacy Policy determined by Whizet.com will apply whenever Supplier uses the Website and other related services, or at any occasions Supplier uses the tools made available by Whizet.com.
Section 2 - Accounts
In using the Website, Supplier is responsible for maintaining the confidentiality of Supplier's own account and password, and for restricting unauthorized access to Supplier's account.
Supplier hereby agrees to accept responsibility for all activities that occur under the Supplier's account.
If a member is under 18 years old at the time of the member registration, such member shall not be allowed to use this Website as a Supplier, as stipulated in this Agreement. Whizet.com reserves the right to refuse service, terminate accounts, remove or edit the contents, or cancel orders in its sole discretion. Without limiting other remedies, Whizet.com may limit, suspend, or terminate the Website, its service and user accounts, prohibit access to the Website and its contents, delay or remove hosted contents , and take technical and legal steps to keep users off the sites if, based on Whizet.com's sole discretion, , it is Considered that Supplier is creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, in breach of any of the Terms and Conditions or this Agreement or acting inconsistently with the letter or spirit of Whizet.com Policies (for example, and without limitations, policies related to fraud actions, conducting off-site transactions, feedback manipulations, circumventing temporary or permanent suspensions or users WHO we believe are harassing the employees of Whizet.com or other users). Additionally, Whizet.com may suspend or terminate the accounts of any Suppliers WHO may be recurring infringers of intellectual property rights of third parties. Also Whizet.com reserves the right to cancel accounts that have been inactive for 1 (one) year, in accordance with the Policies as determined by Whizet.com. While using this Website as a Supplier, Supplier will not:
a. Post Inappropriate content or products in the categories or areas on the Website or services;
b. Violate any laws, third party rights, or Policies such as the Prohibited and Restricted products policies;
c. Use the Website or services as a Supplier if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Website;
d. Manipulate the price of any productor interfere with other user's listings;
e. Circumvent or Manipulate the fee structure, the billing process, or fees owed to Whizet.com;
f. Post False, Inaccurate, misleading, defamatory, or libelous content (including personal information);
g. Take any action that may undermine the feedback or ratings systems;
h. Transfer your account to another party without Whizet.com's consent;
i. Distribute or post spam, chain letters, or pyramid schemes;
j. Distribute viruses or any other technologies that may harm the Website, or the interests or property of users of the Website;
k. Copy, modify, or distribute the contents from the Website and Whizet.com's copyrights and trademarks; or
l. Harvest or otherwise collect information about users, Including but not limited to email addresses, without Reviews their consent; or
m. Use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, or other policy holds Consequences as regulated by Whizet.com.
Violations of this Agreement may result in a range of actions, Including but not limited to:
1. Listing cancellation
2. Loss of Settlement Amount
3. Limits placed on account privileges
4. Loss of "Supplier Grade" status
5. Account suspension / termination
6. Criminal charges and / or claims for damages
Section 3 - Service Fees
Joining the Website is free. However, Whizet.com Supplier does charge a number of service fees for completed transactions reviews such as Transaction Fee, various service fees for marketing and promotion features, and other service fees as determined by Whizet.com as stipulated in Whizet.com's Fees & Charges. When a Supplier uses a product or a service that has a fee, the Suppliers will have an opportunity to review and accept the fees that will be charged upon them for the transaction they are about to make, as stipulated in Fees & Charges. All service fees are subject Goods and Service Tax (“GST”) and other taxes under all applicable laws and regulations, and Whizet.com may charge the Suppliers such GST and other taxes additionally. Supplier agrees that service fees and taxes may be paid by deduction from the purchase value paid by buyers or by other methods agreed by the Supplier in accordance with the Policies determined by Whizet.com.
Section 4 - Supplier Obligation
Supplier shall properly manage and ensure that relevant information such as the price and the details of products, inventory amount and terms and conditions for sales is updated through the Supplier Admin Panel and shall not post inaccurate information. The price of products for sale will be determined by Supplier at his / her own discretion. Suppliers may wish to take into consideration all relevant factors, Including, but not limited to, Transaction Fees, shipping cost and other service fees. The settlement amount (before deducting there from any service fees) payable to a Supplier for a sales call now will be determined by the Supplier at his / her own discretion based on the price of the products and Transaction Fee. The price of a product and shipping cost shall include the entire amount to be charged to buyers such as sales tax, GST, tariffs, etc., if any, and Suppliers shall not charge buyers reviews such amount additionally and separately. Members agree that Whizet.com Supplier may, at its discretion, engage in promotional activities for and on behalf of the Suppliers to induce transactions between buyers and Suppliers by reducing, discounting or refunding the Transaction Fee and other service fees, or in other ways. In no event, such adjustment of Transaction Fee and other service fees will affect the originally determined settlement amount payable to Suppliers. The final price that buyers will actually pay shall be the price that such adjustment is applied to. For the purpose of promoting the sales of products listed by Suppliers, Whizet.com may post such products, at an adjusted price, on third-party Websites, such as portal sites and price comparison sites, and other Websites, whether it's domestic or foreign, operated by Whizet.com and / or its affiliates. Suppliers shall issue receipts or tax invoices to buyers on request, if such issuance is required under the laws of Malaysia.
Section 5 - Intellectual Property Rights
Suppliers shall ensure that all contents including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by Suppliers on the Website do not infringe or violate trade mark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and / or circuit layout rights and all various other intellectual property rights subsisting in any part of the world belonging to third parties.
Suppliers shall also ensure that the use of such intellectual property rights is with the prior, approval or consent of Intellectual Property Rights owner. Should there be any complaints or alleged claims of infringement or violation of intellectual property rights made by any Third Party against the Suppliers’ use of Intellectual Property Rights on the Website, Whizet.com may at its sole discretion without notice to the Supplier take down the listing, information, specification and / or photograph complained of and suspend sales of the Supplier’s corresponding product until such time Whizet.com at its sole discretion deems that evidence provided is sufficient to prove that the complaints and / or alleged claims are invalid. In order to boost sales, information regarding products and services provided by Suppliers on the Website may be disclosed to Whizet.com's affiliated third parties, Including Websites owned by and / or affiliated to such third party, as well as blogs belonging to other members of the Website where disclosure of information is by another member on their blog, such disclosure could only be done in accordance to the methodologies prescribed by Whizet.com in the Policies and is subject to the agreement of the member who wishes to disclose another member’s information to the Policies set by Whizet.com Suppliers shall indemnify and hold harmless Whizet.com and its directors and employees from all actions, claims and demands which may be instituted or made against the Suppliers arising from the Supplier’s use of Intellectual Property Rights or violation of any applicable intellectual property laws. Supplier has received claims from Third Party that their postings made on the Website infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, Suppliers shall to the extent possible exempt and not involve Whizet.com, its directors and employees, and the Website from and in such claims.
Suppliers shall notify Whizet.com as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to Whizet.com, its directors and employees and / or the Website arising from the Supplier’s use of any Intellectual Property Rights must shall be fully compensated by the Supplier.
Suppliers shall not, during or after the expiry or termination of this Agreement, use the name “Whizet.com” (a) in or as the whole or part of its own trade marks, domain names and / or trade names; (b) in a manner which may be confusing, misleading and / or deceptive; and (c) in a manner that disparages Whizet.com.
Section 6 - Product
Suppliers warrant that the product and service listed on the Website are genuine, authorised, legitimate, do not infringe the Intellectual Property Rights of any third party, and do not violate any applicable and prevailing laws and / or norms Suppliers shall immediately furnish evidence upon request that Supplier is the owner and / or is allowed permitted and / or authorised to use intellectual property rights embedded in or used in conjunction with the Product or services listed on the Website. Suppliers further warrant that the postings of the products or services, and the products or services sold are in compliance with all applicable Malaysian laws, including the Consumer Protection Act 1999, Food Act 1983 and the Sale of Drugs Act 1952. Suppliers shall immediately furnish evidence, such as a copy of the relevant certificate or licence issued under Malaysian laws, upon request that he / she has complied with the relevant legal requirements.
If the Supplier violates any of its warranty as-provided in this Section 6 and / or other Policies as determined by Whizet.com, Whizet.com has the right to terminate or cancel this Agreement immediately without notice to Suppliers, and to cease all kind of advertisement listing, information, specifications, photographs, and / or announcement with regards to Suppliers along with the Product (s) related to Supplier's account and has the right to demand payment from the Suppliers of any cost and losses incurred by Whizet.com.
Section 7 - Delivery
On receipt of the payment from the buyer, Whizet.com will notify the Suppliers of the paid order. Suppliers should then confirm that they have received the corresponding order within 2 (two) business days and take necessary actions for delivery. If the Supplier fails to do so, Whizet.com shall be given the option to cancel the corresponding order. Suppliers should dropship and enter delivery information including the name of the delivery company, the tracking number, and other particulars pertaining to the order through the Supplier Admin Panel within 2 (two) business days after the date of the confirmation. If the Supplier fails to do so, Whizet.com may deduct the Supplier Rating, and reserve full authority to give the option to the Buyer to cancel the transaction before the Product has been shipped. Whizet.com shall not be responsible or liable for any losses or damages to the corresponding Supplier such due to cancellation. Supplier shall take all reasonable actions for the buyer to receive the Product within the time period specified on the product detail page. If Supplier fails to deliver the Product within such period or the Product was not received by the buyer due to, reasons not attributable to the buyer, such as delivering to wrong address, the Supplier shall bear all liabilities relating thereto. If any transaction is canceled due to, reasons attributable to the Supplier, eg unavailability of the Products, Whizet.com may take necessary actions against the Supplier. Whizet.com may, at its option, provide overseas delivery service and other services relating to delivery in association with third- party service providers. The delivery method and provisions stipulated in this Section, will comply and be in accordance with the Policies as determined by Whizet.com. In the event of any express conflict or difference (s) between this Section and the Policies, the Supplier hereby agrees with Whizet.com that the Policies shall PREVAIL.
Section 8 - Cancellation, Exchange, Return, and Refund
Once buyer placed order and purchased the Product, cancellation will be subject to Supplier's approval and Whizet.com's Policies . Once Product is in "Shipped Out" status, such purchase will be subject to a return process in accordance with Whizet.com's Policies . In the event that there is any disagreement between the Suppliers and Whizet.com regarding this matter, the Policies shall PREVAIL Buyers may request for the return, exchange or refund of the Product at any time within 5 (five) business days from the date of receipt. With respect to a return-related matters, the relevant Regulations and Policies shall PREVAIL over the terms and conditions suggested by the Supplier. After receiving returns-exchange requests from buyers, Suppliers must respond by expressing in writing either approval or denial within 5 (five) business days to the Buyer and/or Whizet.com. Should the Suppliers fail to do so, Whizet.com may assume that the Supplier has accepted to the Buyer’s request and shall automatically proceed with the refunds / exchange. Once the request for returns-exchange has been followed up by the Supplier and the Supplier have received the Products returned by the Buyer, Suppliers may postpone returns exchange if there is a need to check for any delivery fee settlement from the Buyer or, whether free gift has been returned, , and should there be a justifiable reason, Supplier may reject returns. Upon this request, Whizet.com's Customer Service center shall confirm the situation with the Suppliers and proceeds towards carrying out suitable actions for refunds in accordance with applicable and specific Policies that are relevant except in the case where the Supplier wishes to dispute Buyer’s return of the Products and request for, refunds, or exchange, Whizet.com may postpone refunds if Suppliers request to postpone refunds by providing evidence on suitable reason. If the buyer sends the Product for returns to Whizet.com due to good causing and if delivery to the designated recipient is impossible including but not limited to loss of contact with Supplier, the Buyer shall notify Whizet.com's Supplier to pick-up the Product up within 5 (five) business days. If Suppliers do not respond within 5 (five) business days, Whizet.com may permanently dispose the corresponding Product . Should there be any fault or any safety concerns with the Product, Whizet.com shall require the Suppliers to recall its entire stock and to repair, exchange, refund, and all costs shall be borne by the Supplier.
Returns costs shall be borne out by the party attributable to the returns request, such as:
1. Buyer, where the returns is due to his / her change of mind and
2. Supplier, where the returns is due to the defects in the Product, delivery delay by Supplier, and / or delivery of the wrong or different product.
For exchange of the Product (s) due to defects in the Product or if the wrong / different Product was sent to the Buyer, the Buyer must return the Product to the Suppliers. The Suppliers will deliver the replacement Product to the Buyer after the Supplier receives Member Reviews such defect or wrong product from the Buyer. Supplier is obligated to use shipping company that Provides tracking system and Suppliers must inform the tracking number to the Buyer. For exchange of the Product (s) due to the Buyer's change of his / her mind, the exchange must be pre-approved by the Suppliers and re-delivery charges will be completely borne by the Buyer. The Re-delivery payment charges must be paid by the Buyer to the Whizet.com after the Suppliers agrees to exchange the Product (s) and Supplier has received the Product (s) from the buyer. Whizet.com then will credit such re-delivery payment charges to the Suppliers's account.
Buyer is not allowed to return or exchange Products belonging to the following Product categories, UNLESS the Product is defective, malfunctioning or was wrongly delivered :
a. Products Delivered from Overseas
b. Gadgets and Electronics
c. Lingerie and Underwear
d. Swimsuit
e. Beauty Products
f. Fragrances
g. Customized Products
h. Ticket, Hotel Reservation & Vouchers, Including but not limited to Airline Tickets, Concert Tickets
i. CDs & DVDs
j. Food, Including Perishable and Non-Perishable
Section 9 - Settlement
Supplier shall submit personal / business identification information such as a copy of Identity Card (My Kad) or necessary business licenses or company documents as requested by Whizet.com and bank account information together with documents, as required by Whizet.com, evidencing that the bank account is owned by and in the name of the Suppliers when completing the Supplier registration. Suppliers shall not claim against Whizet.com for damages, other than those stipulated in the Policies as determined by Whizet.com. The amount payable by Whizet.com to the Suppliers for any completed transactions through the Website is the Settlement Amount. The Settlement Amount will be calculated by deducting all service fees from the amount paid by the buyers. Settlement Amount will be paid via direct transfer to Supplier's bank account.
The Settlement Amount shall be paid in the following method:
1. Within 2 (two) business days after the day of the buyer's confirmation of receipt; or
2. Within 7 (seven) business days from the completion date of the Product delivery as stated in the Website; or
3. Within 2 (two) business days after the day of the receipt of the proof of delivery from Suppliers or the corresponding buyers.
Notwithstanding the provision of this Section, Settlement as stipulated in this Section will comply to the Policies as determined by Whizet.com. Whizet.com may at its discretion curtail the term based on Supplier's performance or based on on certain circumstances.
Whizet.com may deduct from the Settlement Amount to any expense or loss to which may have arisen due to the fault of the Supplier, or in order to protect against the risk of liability, payments of the Settlement Amount may be withheld at Whizet.com's discretion.
Section 10 - Privacy Protection
Whizet.com views protection of buyers and Suppliers (the "User") privacy as a very important community principle. User information is stored and processed on computers protected by physical as well as technological security devices. Whizet.com do not sell or lease-out Supplier's personal information to third parties for marketing or business Reviews their purposes without consent from the Suppliers. Usage of Supplier information will be limited to purposes as described in the Terms & Conditions and other Policies as determined by Whizet.com. Suppliers can access and modify the information-provided to Whizet.com and choose not to receive on certain communications by signing-in to Supplier's account in the Website. Whizet.com may use third parties to verify and certify Whizet.com's privacy principles. For a complete description of how Whizet.com Reviews such use and protect information, please see Whizet.com Privacy Policy . If Supplier objects to your information being transferred or used in this way, please do not use the Website and other services offered by Whizet.com. For the avoidance of doubt, has reasonable grounds if Whizet.com to believe that any User is in breach of any of the terms of this Agreement and / or the Terms & Conditions and / or other Policies as determined by Whizet.com, Whizet.com reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and / or Injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, Whizet.com may disclose the User's identity and contact information, or Reviews such other transaction-related data if requested by a government or law enforcement body, private investigators, rightful owner or interest holder and / or any Injured third party or as a result of a subpoena or other legal action, or if Whizet.com is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Whizet.com shall not be liable for damages or results arising from Reviews such disclosure, and the user(s) agrees not to bring an action or claim against Whizet.com for Reviews such disclosure. By agreeing to this Supplier Agreement, the Suppliers consent that the personal information collected will be processed in accordance with the Privacy Policy.
Section 11 - International Section
A. International Trading
Suppliers WHO are located overseas ("Global Supplier") may list their Product on the Website for international trade and it is important that all listings and transactions comply with applicable laws of Malaysia. Global Supplier are responsible for ensuring that transactions are lawful in both the country of the Global Supplier and Malaysia. Whizet.com strongly encourages Global Supplier to learn about the laws of their own country as well as those of Malaysia. Global Suppliers should then make sure that the Product they're selling can be lawfully posted outside of the country where the Global Supplier is located and also the make sure that Global Supplier can lawfully export the product into Malaysia before sending the Product. Suppliers should discuss possible global export and / or import problems with potential buyers, do careful research, and hire an expert if necessary to the make sure that all transactions comply with all applicable laws.
B. Customs
If the country of a Global Supplier, the Buyer is considered the importer of record and must comply with all laws and regulations of Malaysia. Buyers should the make sure that they can lawfully import the product into Malaysia before purchasing the Product. Buyers may be subject to import duties and taxes, which are levied once a shipment reaches Malaysia. In principle, the additional charges for customs clearance must be borne by the Global Supplier if not specified otherwise in the product detail page explicitly; Whizet.com has no control over these charges. These charges can not be predicted. Global Supplier may wish to contact the local customs office for further information on Malaysian customs policies as customs policies vary country to country. Whizet.com suggests that international Buyers of Malaysia and Global Suppliers WHO will ship internationally be aware that cross-border shipments are subject to opening and inspection by customs authorities. Also, Whizet.com or Global Suppliers may provide on certain order, shipment, and Product information - such as titles - to the international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require Whizet.com or Global Suppliers to state the value of the purchased Product directly on the package.
C. Cancellation and Refund
For overseas purchases, returns attributable to the buyer may not be practically possible due to high return costs. Whizet.com or the Global Suppliers take no responsibility and assume no liability for Reviews such cases.
D. Settlement for Global Suppliers
With 'Global Suppliers' and 'Products sold to Malaysia', there are separate purchase confirmation regulations set forth as follows:
1. With 'products sold to Malaysia', 20 (twenty) calendar days after the delivery date, automatic purchase confirmation will be made and payment settlement shall automatically be processed after 2 (two) business days after such settlement date.
2. All settlement sum of 'Global Suppliers' shall be paid into Supplier's bank account. At the bank transfer payment request, payment sum Excluding bank transfer fee shall be made into the registered account.
3. I3. If an overseas bank account is registered, a bank transfer payment request must be processed separately and the entire requested sum shall be transferred via bank on the proceedings on a Tuesday. This day is subject to change depending on various situations as determined by Whizet.com.
4. 4. Transaction fees and other fees determined by Whizet.com, which arise due to overseas bank transfers shall be borne by the Global Suppliers, and exchange rates shall adhere to rates at the time of the bank transfer.
Section 12 - Content
Suppliers may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise Injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." Suppliers may not use a false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin or other content. Whizet.com reserves the right, but not the obligation, to remove or edit Reviews such content, but does not regularly review posted content. If a Supplier posts a content or submit a material, and UNLESS Whizet.com indicates otherwise, the Supplier is deemed to have a granted Whizet.com a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Suppliers are deemed to have granted Whizet.com and sublicenses the right to use the name that Members submit Supplier in connection with such content, if they choose. Suppliers Represent and warrant that Suppliers own or otherwise control all of the rights to the corresponding contents posted by Themselves in the Website; that the content is accurate; that use of the content supplied does not violate the Policies and will not cause injury to any person or entity; and that the Member will indemnify Supplier for all claims Whizet.com the resulting from content supplied. Whizet.com has the right but not the obligation to monitor and edit any activity or content. Whizet.com takes no responsibility and assumes no liability for any content posted by Supplier or any third party.
Section 13 - Other Businesses
Parties other than Whizet.com may, operate stores, provide services, sell products or list advertisement on the Website, and this site may link to sites of affiliated companies and on certain other companies. Whizet.com is not responsible for examining or evaluating, and also does not provide any representations or warranties the Products or businesses or individuals or the contents of their Websites. Whizet.com does not assume any responsibility or liability for the actions, Product and contents of any such affiliated companies and any other third parties. Suppliers should also carefully review the privacy policy and the statements and other conditions of use of such links.
Section 14 - Release
If a Supplier has Disputes with one or more users, the Suppliers hereby releases Whizet.com, and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature , known and unknown, arising out of or in any way connected with such Disputes.
Section 15 - Access and Interference
The Website contains robot exclusion headers. Much of the information on the sites is updated on a real time basis and is proprietary or is licensed to Whizet.com by Website users or third parties. Suppliers agree that not to use any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission Whizet.com's. Additionally, Suppliers agree that they will not:
1. Take any action that imposes or may impose, in Whizet.com's sole discretion, an unreasonable or disproportionately large load on the Website's infrastructure;
2. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for Supplier's own Information, from the Website without the prior written permission of Whizet.com Expressed and the NAMAs third party, as applicable;
3. Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
4. Bypass Whizet.com robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
Section 16 - Indemnity
Suppliers hereby indemnify and hold Whizet.com, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys' fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of Supplier's breach of this Agreement, or Supplier's violation of any law or the rights of a third party.
Section 17 - No Warranties
Suppliers will not hold Whizet.com responsible for other Users' content, actions or inactions, or Product listed by Users, including content they post. Suppliers acknowledge that Whizet.com and the Website is not a traditional online shopping service provider or Auctioneer. Instead, Whizet.com and the Websites provide an electronic dropship platform for Buyer and Suppliers to carry out transactions between Buyers and Suppliers. Whizet.com is only responsible for operating and managing the Website and making reasonable efforts in order to maintain efficient services on the Website. Whizet.com and the Website are not involved in the actual transaction between buyers and Suppliers. Whizet.com and the Website have no control over and do not guarantee the quality, safety or legality of products advertised, the truth or accuracy of users' content or listings, the ability of Suppliers to sell products, the ability of buyers to pay for Product, or that a buyer or Suppliers will actually complete a transaction. Whizet.com and the Website do not transfer legal ownership of products from Suppliers to the buyer. Unless buyers and Suppliers agree otherwise, the buyer will become the Product's lawful owner upon physical receipt of the Products from the Supplier. Whizet.com can not guarantee continuous or secured access to our services, and operation of the Site may be interfered with by numerous factors outside of Whizet.com's control. Accordingly, to the extent that is legally permitted, excludes all implied warranties Whizet.com, terms and conditions. Whizet.com is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of Suppliers use of the Website and services. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS Website, OR FROM A LINKED SITE Obtained Provided IS TO THE USER "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR Whether implied, Including, BUT NOT LIMITED TO, THE implied warranties OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WHIZET.COM HAS MADE REASONABLE Efforts TO POST CURRENT AND ACCURATE INFORMATION ON THIS Website; HOWEVER, WHIZET.COM ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR omissions whatsoever IN THE INFORMATION PROVIDED IN THIS Website. UNDER NO CIRCUMSTANCES WILL WHIZET.COM BE LIABLE FOR ANY LOSS OR DAMAGE BY THE USER'S CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS Website. IT IS THE USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS Website IS SOLELY AT THE USER'S OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE Exclusion OF CERTAIN warranties, SO THE ABOVE MAY Exclusions Limitations OR NOT APPLY TO SOME USERS.
Section 18 - Limitation of Liability
Specifically Supplier AGREES THAT WHIZET.COM SHALL NOT BE Responsible FOR UNAUTHORIZED ACCESS TO OR alteration OF THEIR transmissions OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS Website. Specifically Suppliers AGREE THAT WHIZET.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, Including INTELLECTUAL PROPERTY RIGHTS. Specifically MEMBERS ALSO AGREE THAT WHIZET.COM IS NOT responsible FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND / OR INCLUDED IN THIS SITE BY ANY THIRD PARTY. IN NO EVENT SHALL WHIZET.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES whatsoever, Whether IN CONTRACT, TORT, STRICT LIABILITY OR Otherwise, Including WITHOUT LIMITATION, THOSE Resulting FROM: (1) RELIANCE ON THE MATERIALS presented, (2) COSTS OF REPLACEMENT PRODUCTS, (3) LOSS OF USE, DATA OR PROFITS, (4) delays OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, OUT OF OR IN Arising CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS Website, Whether OR NOT WHIZET.COM HAS BEEN Advised Of The Possibility OF SUCH DAMAGES.
Section 19 - Termination
This Agreement will be terminated forthwith by either Party by written notice in any of following events:
a. If Supplier's membership status in the Website is terminated and / or revoked; or
b. If the other shall be in breach of any of the terms and conditions of this Agreement and / or the Terms & Conditions and / or Policies and fails to remedy the same within 60 (sixty) calendar days of being required by the other Party in writing; or
c. If either Party is Unable to pay its debts or a petition for winding up is presented or it goes into liquidation or judicial management or compounds with its creditors or a receiver Generally is appointed over all or any part of its assets or suffers any execution over Reviews such assets. However, the Parties agree that either Party shall be Entitled to undergo reorganization and / or amalgamation etc. and the other Party shall not be entitle to terminate this Agreement on account of reorganization and / or amalgamation; or
d. If either Party can not comply with, or obtain or maintain any necessary authorizations, licenses or registrations required for the performance of its duties as stipulated hereunder; or
e. If either Party negligently or willfully does anything that is materially harmful to the goodwill or reputation of the terminating Party.
Section 20 - Miscellaneous
If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed severable and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of the relevant section. Whizet.com's failure to act with respect to a breach by Suppliers or others does not waive Whizet.com's right to act with respect to the same, subsequent or similar breaches. Whizet.com does not guarantee that Whizet.com will take action against all breaches of this Agreement. The execution, validity, interpretation and implementation of this Agreement shall be governed and construed in accordance with the laws of the Malaysia. If there is a difference in opinion arising as a result of the implementation of this Agreement, the Parties agree to resolve by deliberation to reach a consensus. In the event that the settlement through deliberation to reach a consensus is not reached within sixty (60) calendar days or any other periods as agreed between the Parties. Whizet.com may amend this Agreement at any time by posting the Amended terms on the Website. Except as stated elsewhere, all Amended terms shall automatically be effective 14 (fourteen) calendar days after they are initially posted. This Agreement sets forth the entire understanding and agreement between Whizet.com and Supplier with respect to the subject matter hereof.