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Terms of Service

Please read the terms ("Terms of Service") carefully before using the Zacopa.my Website/eMall (the "Site") offered by Zacopa Dotcom Sdn. Bhd. ("Zacopa", "we" or "us") a company incorporated in Malaysia under the registration number 1163207-P and having its place of business at NO. 11 & 11A, Lorong BLM 1/4, Bandar Laguna Merbok, 08000 Sungai Petani, Kedah, Malaysia. These Terms of Service apply to all users and visitors of the Zacopa Site, including but not limited to users who are merchants, sellers, customers, buyers, contributors of content, information and other services and materials on the Zacopa Site.

CHANGES TO TERMS OF SERVICE
By visiting, accessing or using the Site, you agree and confirm to these Terms of Service. If you do not agree to these Terms of Service, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms of Service at any time. Changes will be effective when posted on the Site with no prior notice provided. Please check these Terms of Service regularly for updates. Your continued use of the Site following the posting of changes to these Terms of Service constitutes your acceptance of those changes.

USE OF SITE
Zacopa services are only available to, and may only be used by individuals who are 18 years old and older who can form legally binding contracts under applicable laws.

If you are a minor, being someone who is under 18 years old, you can only use the Zacopa Site with the prior consent of your parents or guardian. In any event, by agreeing to use the Services on the Zacopa Site, you represent and warrant that you are 18 years old or above.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorised use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

USER SUBMISSIONS
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

BUYING AND SELLING - ZACOPA & BUYER
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information, including but not limited to phone number and address, before we accept the order.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Zacopa in addition to the price.

You agree to pay in full the actual amount of your purchase. No refunds will be given if you pay more than the actual payment amount requested; unless otherwise stated by Us. Also, we will not proceed with your order if you pay less than actual payment amount requested.

Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Zacopa in its website shall be subject to correction without any liability on the part of Zacopa.

- Orders
Order acceptance and completion of the contract between the Buyer and Zacopa will only be completed upon Zacopa issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Zacopa shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Zacopa shall furthermore be entitled to require the Buyer to furnish Zacopa with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Zacopa and on terms that the Buyer shall indemnify Zacopa in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Zacopa as a result of the modification or cancellation, as the case may be.

- Delivery
Delivery of the Goods shall be made to the address specified by the Buyer in its order.
Goods to be delivered to Customers are packed according to Zacopa's standard packing.
Goods are delivered to Customers by the courier service company appointed by Zacopa.
Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Zacopa shall not be liable for any delay in delivery or performance howsoever caused.
Working days exclude weekends and public holidays observed in the country.
Shipping delays may occur if state holidays are being observed in the country.
Although the appointed delivery service company delivers to most places, some areas require longer delivery time due to inconsistent demand and sometimes lack of road infrastructure.
Zacopa has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
Zacopa shall not be held liable for any loss and damage suffered by Customers through any reasonable or unavoidable delay in delivery.
Delayed delivery is not a basis for cancellation of the order or a request for compensation.
Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Zacopa has tendered delivery of the Goods.
If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Zacopa's fault) then without prejudice to any other right or remedy available to Zacopa and Zacopa may:

i. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
ii. terminate the Contract and claim damages.

BUYING AND SELLING - MARKETPLACE SELLER & BUYER

Zacopa provides an avenue for companies, enterprises and small businesses (“Marketplace Seller” or “Seller”) to sell their Products on the Website. Whilst the terms and conditions of our Marketplace procedures are below (and will need to be accepted in order for you to use the Marketplace website), the general procedure is that the Seller uploads pictures, a description and the price they want to sell into the Website. A Buyer that decides to purchase a Seller’s Product (following the Buyer providing their details to Zacopa) through the Website) makes payment directly to Zacopa.

Zacopa will act as a trusted third party by confirming to the Seller that the Buyer has made payment for the Product being sold.

 

Following payment, it is the responsibility of the Seller to fulfil the provision of the purchased product and the delivery of the said product to Buyer. Zacopa shall not be held responsible for any delay in fulfilment of product by the Seller.

 

The seller is fully responsible for the Listing. By Listing on the Site, the Seller warrants that:

Seller is the valid owner of Products listed on the Website.

Seller has the right to sell the Products online in Malaysia.

The products conform to all applicable laws regulations in Malaysia.

The products strictly conform to the specifications, drawings, performance criteria other descriptions referred to/or proved on the Website by Seller.

Products are free from defects in terms of materials, performance, operation & workmanship.

No misleading information is included on the Website.

No illegal or offensive content is inserted on the Website.

 

Zacopa operates, manages and provides the system for the purpose of enabling unconstrained transaction of the Products among Buyers and Sellers. Zacopa does not represent the Buyers or the Sellers and the relevant User shall be directly responsible for all liabilities related to the transaction made among the Users and the information provided by such User.

Zacopa does not guarantee anything with regard to the transaction undertaken by the Buyer and the Seller, such as the existence or veracity of the intent to sell or purchase, quality, completeness, safety or legality of the registered Product or whether such Product infringes the right of other person, or truthfulness or legality of the information posted by the Seller or the Buyer or any materials posted on URL linked through such information, etc. Any liabilities and risks relating transaction undertaken by the Buyer and the Seller shall be borne by the relevant Member.

Zacopa does not sell Marketplace Seller's Products to the Buyer, nor does it purchase the Products from the Marketplace Seller. Zacopa develops and provides only the instrument to augment the safety and reliability of the transaction between the Buyer and the Seller.

 

PAYMENT
All payment made shall be in Ringgit Malaysia (RM).

Your payment on the Site is processed by iPay88, which is provided by Mobile88.Com Sdn. Bhd. Hence, either the names iPay88 or Mobile88.Com Sdn. Bhd. will be shown on your Credit Card / Bank Statement. You will also receive a notification e-mail from iPay88/Mobile88 after each transaction.

Credit Card
Credit Card payment option is available for all Buyers. Zacopa accepts all Visa and MasterCards both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information is protected using industry-leading encryption standards.

Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.

Debit Cards
All Malaysian Visa and MasterCard debit cards are accepted where subject to bank availability. All debit card numbers shall be protected using industry-leading encryption standards.

Online Banking
By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Zacopa’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia (RM). Zacopa, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

Zacopa accepts online bank transfers via AmBank, Affin Bank, Alliance Online, Bank Islam, BSN, CIMB Clicks, FPX, HongLeong Connect, iRakyat, Maybank2u, PBe, and RHB Now.

ATM Transfer or Off-Site Bank Transfer
By choosing this payment method, Zacopa shall not be held responsible for funds that are deposited into a wrong bank account. Please ensure that the account number is correct before you deposit. Payment is to be copleted payment within there (3) working days. If payment is not received within 3 working days, Zacopa reserves the right to cancel the order on the fourth (4th) day.



TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, on the Site, information, content and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

APPLICABLE LAW AND JURISDICTION
These Terms of Service shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

ARBITRATION
Any controversy, claim or dispute arising out of or relating to these Terms of Service will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms of Service or revoke any or all of your rights granted under the Terms of Service. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Zacopa Dotcom Sdn. Bhd. (1163207-P), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

DISCLAIMER
Zacopa is not liable to you for any loss you suffer in connection with your access or use of this Site, any linked websites or any software available at the Site. To the fullest extent permitted by applicable law, Zacopa DISCLAIM ALL IMPLIED OR EXPRESSED WARRANTIES OR CONDITIONS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, regardless of whether we know or had reason to know of your particular needs. No employee of ours is authorised to modify or make any addition to this limited warranty.

IN NO EVENT SHALL ZACOPA BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES; OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF Zacopa HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE THIS SITE, MATERIAL, IMAGES OR SERVICES. FURTHERMORE, YOU ACKNOWLEDGE THAT ZACOPA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

As our customer, you agree to fully indemnify and hold harmless Zacopa, and all our Staffs from and against all damages, losses, expenses and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service, or any circumstances related to your negligence or wrongful conduct when using this Service.

This Terms of Service was last updated: 17 October 2016