TERMS AND CONDITIONS

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BUYTHEWAY - TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE BUT IS NOT LIMITED TO VARIOUS LIMITATIONS AND EXCLUSIONS, AND CLAUSES THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

(Last updated date: 1st September 2016)

Description of BUYTHEWAY

Quadigital Sdn. Bhd., brand name “BUYTHEWAY”, incorporated in the country of Malaysia (W-1183111), (hereafter referred to as “BTW”) provides an online platform that connects requesters who want to buy or acquire products from overseas and travelers who are willing to transport the products for the requesters upon deals that are made between them with the presence of their mutual consent (collectively, the “services”), which services are accessible at https://www.buytheway.com.my and any other websites through which BTW makes the services available (collectively, the “site”) and as an application for mobile devices (the “application”).

Acknowledgement and Acceptance

By using the site and application, you agree to comply with and be legally bound by the terms and conditions ("T&C"), whether or not you become a registered user of the services. These T&C govern your access to and use of the site, application and services and all collective content (defined below), and constitute a binding legal agreement between you and BTW. Please read carefully these T&C and our Privacy Policy, which may be found at https://www.buytheway.com.my/home/terms and https://www.buytheway.com.my/home/privacyPolicy, and which is incorporated by reference into these T&C. If you do not agree to these T&C, you have no right to obtain information from or otherwise continue using the site or application. Failure to use the site and application in accordance with these T&C may subject you to civil and criminal penalties. The site, application and services comprise of an online platform through which requester (defined below) may choose products to buy and ask a traveler (defined below) for transporting (defined below) the product upon their mutual consent on the agreed deal. You understand and agree that BTW is not a party to any agreements entered into between traveler and requester, nor is BTW a shipment or transportation agency, retailer or seller of products, agent or insurer. BTW has no control over the conduct of requester and traveler and other users of the site, application and services or any negotiations, and disclaims all liability in this regard. Certain areas of the site and application (and your access to or use of certain aspects of the services or collective content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and conditions posted for a specific area of the site, application, services, or collective content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the site, application, services, or collective content. You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, or by participating in the referral program, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and application. If you do not agree to these terms, then you have no right to access or use the site, application, services, or collective content. If you accept or agree to these T&C on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these T&C and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Key Terms

“BTW Content” means all contents that BTW makes available through the site, application, or services, including any content licensed from a third party, but excluding member content. “Collective Content” means member content and BTW content. “Content” means text, graphics, images, music, software (excluding the application), audio, video, information or other materials. “Requester” means a member who requests a booking of a product via the site, application or services, or a member who contacts a traveler and asks them to transport products in exchange of a charge as agreed upon between respective requester and traveler. A requester willingly enters into contracts, carries the burden of ordering products, closes deals on their own discretion, and exempts BTW from any liability and excuses BTW for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the site, application, and service. “Traveler” means a member who creates a listing of their travel plans and consents that upon making a deal with a requester, he or she is willing to carry a product to transport to the respective requester in exchange of a charge of any amount on voluntary basis, as agreed in their mutual deal decisions via the site, application and services. A traveler willingly enters into contracts, carries the burden of transporting the products, closes deals on their own discretion, and exempts BTW from any liability and excuses BTW for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the site, application, and services. “Deal” means an agreement between a requester and a traveler regarding a requested product and a respective traveler charge. “Listing” means a sharing of a travel information by a traveler. “Member” means a person who completes BTW’s account registration (signup or login) process, including, but not limited to traveler and requester. “Member Content” means all content that a member posts, uploads, publishes, submits or transmits to be made available through the site, application or services. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. BTW requires every traveler to understand, be aware of, and careful about tax rules of a country he or she is travelling to and from while carrying products, purposefully to transport to requester contacted via BTW site, applications, and services. The traveler is expected to charge the customs fees, tax fees, and other tax-related costs from requester during the time of making a deal via site, applications, and services and pay them as they occur.

Modification

BTW reserves the right, at its sole discretion, to modify the site, application or services or to modify these T&C, including the service fees, at any time and without prior notice. If we modify these T&C, we will post the modification on the site or via the application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these T&C. By continuing to access or use the site, application or services after we have posted a modification on the site or via the application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified T&C. If the modified T&C are not acceptable to you, your only recourse is to cease using the site, application and services.

No Endorsement

BTW does not endorse any members or any commercial authenticity of any business entity. In addition, although these T&C require members to provide accurate information, we do not attempt to confirm, and do not confirm, any member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the site, application and services. We will not be responsible for any damage or harm resulting from your interactions with other members. By using the site, application or services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other members or other third parties will be limited to a claim against the particular members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from BTW with respect to such actions or omissions. Accordingly, we encourage you to communicate directly via our site with other members on the site and services regarding any deal made by you. Please note that BTW does not currently charge fees for the creation of listings. However, you acknowledge and agree that BTW reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of listings. Please note that BTW will provide notice of any listing fee collection via the site, application and services, prior to implementing such a listing fee feature.

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the site, application, services and content. In connection with your use of our site, application and services, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, application, services or content;
  • use the site, application or services for any commercial or other purposes that are not expressly permitted by these T&C;
  • copy, store or otherwise access any information contained on the site, application, services or content for purposes not expressly permitted by these T&C;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our site, application or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our site, application or services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our site, application or services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
  • "stalk" or harass any other user of our site, application, or services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an BTW traveler and requester;
  • register for more than one BTW account or register for an BTW account on behalf of an individual other than yourself;
  • contact a traveler or requester for any purpose other than asking a question related to a deal;
  • when acting as a visitor or otherwise, recruit or otherwise solicit any member to join third party services or websites that are competitive to BTW, without BTW’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information or otherwise interact with the site, application or services;
  • use the site, application and services to find a requester or traveler and then complete a booking of a deal transaction independent of the site, application or services in order to circumvent the obligation to pay any service fees related to BTW’s provision of the services;
  • as a traveler, submit any listing with a false or misleading price information, or submit any listing with a price that you do not intend to honor;
  • or post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our site, application or services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the site or application, or any individual element within the site, services, or application, BTW’s name, any BTW trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without BTW’s express written consent;
  • access, tamper with, or use non-public areas of the site or application, BTW’s computer systems, or the technical delivery systems of BTW’s providers;
  • attempt to probe, scan, or test the vulnerability of any BTW system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BTW or any of BTW’s providers or any other third party (including another user) to protect the site, services, application or collective content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the site, services, application or collective content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the site, services, application or collective content; or advocate, encourage, or assist any third party in doing any of the foregoing.

BTW will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. BTW may involve and cooperate with law enforcement authorities in prosecuting users who violate these T&C. You acknowledge that BTW has no obligation to monitor your access to or use of the site, application, services or collective content or to review or edit any member content, but has the right to do so for the purpose of operating the site, application and services, to ensure your compliance with these T&C, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BTW reserves the right, at any time and without prior notice, to remove or disable access to any collective content that BTW, at its sole discretion, considers to be objectionable for any reason, in violation of these T&C or otherwise harmful to the site, application or services.

Member Content and Personal Data Protection

We may, in our sole discretion, permit members to post, upload, publish, submit or transmit member content. By making available any member content on or through the site, application and services, you hereby grant to BTW a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such member content on, through, or by means of the site, application and services. BTW does not claim any ownership rights in any such member content and nothing in these T&C will be deemed to restrict any rights that you may have to use and exploit any such member content. You acknowledge and agree that you are solely responsible for all member content that you make available through the site, application and services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all member content that you make available through the site, application and services or you have all rights, licenses, consents and releases that are necessary to grant to BTW the rights in such member content, as contemplated under these T&C; and (ii) neither the member content nor your posting, uploading, publication, submission or transmittal of the member content or BTW’s use of the member content (or any portion thereof) on, through or by means of the site, application and the services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. By becoming a member of BTW’s site, you agree that BTW may collect, use and disclose your personal data as provided in the site, or (if applicable) obtained by BTW as a result of your membership, in accordance to the Laws of Malaysia: Personal Data Protection Act 2010, for the purpose of, including but not limited to the processing of application and the administration of any transaction. Please contact us at support@buytheway.com.my for further details or if you choose to correct your personal data or withdraw consent to the collection, use or disclosure of your personal data.

General Links and Third Party Websites

The site, application and services may contain links to third-party websites or resources. You acknowledge and agree that BTW is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BTW of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

Payment, Refund and Referral

BTW default payment gateway and system is Paypal and BTW will not be liable for any fees charged by other payment partners, including but not limited to banks and bank transfers, credit cards, TT, or any other payment methods employed. BTW will also not be liable for any loss of conversion in payout due to currency conversion rates. BTW charges a 5% fee of the transaction value and a base fee of RM7.00, excluding any other fees charged by Paypal or any other payment methods. Refunds will be at the discretion of BTW which will only be provided upon further investigation and only the 5% fee and base fee of RM7.00 is refundable. Any courier fee is paid by the requester and is not refundable. A requester or traveler can cancel a transaction up to a maximum of 10 times a month. The traveler has up to 5 working days to pass the purchased item to the BTW office and BTW will not be liable for any damages to the item but will assist in checking that the items are received in good condition prior to acknowledgement. BTW will also assist to resolves any disputes between the requester and traveler as well as will be the final decision maker. Referral codes are sent via email as provided during signup and each referral entitles a user to a single coupon use. Maximum coupon value is RM5.00 and only one coupon can be used per transaction. The coupon may not be exchanged for any other equivalent unit of currency or sold for cash and is only allowed for personal use.

Custom Laws and Regulations

All users are to take note of the following prohibited items that cannot be brought into Malaysia. More information can be found at http://www.customs.gov.my/en/tp/pages/tp_ie.aspx or in the Laws of Malaysia: Customs Act 1967.

The list of prohibited items includes, but is not limited to:

  • Hazardous materials as defined by the Malaysian government and customs department
  • Counterfeit goods or currency
  • Live animals
  • Firearms, ammunitions, explosives
  • Human remains
  • Pornography
  • Illegal drugs
  • Any item that is prohibited by law in the place of origin, the destination, or any jurisdiction through which the item will be transported
  • Batteries
  • Aerosols and flammable liquids
  • Knives, police batons and other weapons
  • Clothing bearing the imprint or duplicate of any verses of the Quran
  • Any device which is intended to be prejudicial to the interest of Malaysia or unsuited with peace
  • Items imported into Malaysia without a customs declaration, if one was required

Users should take extra precautionary steps to check the contents and ingredients of certain food products, vitamins, medicines, as well as cosmetic products to ensure that it does not violate any customs laws and regulations. When doubtful, users are reminded to declare to the Malaysian customs or to contact them for further clarification.

Disclaimers

If you choose to use the site, application, services and participate in the referral program, you do so at your sole risk. You acknowledge and agree that BTW does not have an obligation to conduct background checks on any member, including, but not limited to, traveler and requester, but may conduct such background checks in its sole discretion. The site, application, services, collective content and referral program are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, BTW explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. BTW makes no warranty that the site, application, services, collective content, including, but not limited to, the listings or any accommodations, or the referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. BTW makes no warranty regarding the quality of any listings, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application, services or referral program. No advice or information, whether oral or written, obtained from BTW or through the site, application, services or collective content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, any traveler and requester. You understand that BTW does not make any attempt to verify the statements of users of the site, application or services or to review or visit any accommodations. BTW makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, traveler and requester, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by BTW. BTW explicitly disclaims all liability for any act or omission of any or other third party.

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