Terms and Conditions of Use
Beeducation Adventures Sdn. Bhd. (Company No: 1160905-A) (“BeED”)
The BeED Site is operated by Beeducation Adventures Sdn. Bhd. (Company No: 1160905-A) having its place of business at D-06-03 & D-06-3A, Sky Park @ One City, Jalan USJ 25/1, 47650 Subang Jaya, Selangor, Malaysia (“BeED”).
If you do not accept these terms and conditions, BeED is not willing to allow you to use the BeED Site and you should immediately stop using the BeED Site. You must be at least 13 years of age to use the BeED Site. BeED Site services are only available to, and may only be used by individuals who are at least 13 years of age or older and/or can enter into legally binding contracts under applicable laws. If you are not at least 13 years old, you should immediately stop using the BeED Site. By continuing to use the Site, by visiting or accessing or browsing or using you represent and certify that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder and you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
1. BeED Marketplace
1.1 Use of BeED Site
By using the BeED Site, you understand and accept that any information you send to the BeED Site may be intercepted or read by third parties even where there is notification that the transmission is encrypted.
“Confidential Information” includes but is not limited to:
- discoveries, ideas, concepts, designs, devices, drawings, materials, specifications, techniques, models, data, documents, processes, procedures, “know-how”, improvements, budgets, projections, forecasts, marketing and development plans, and financial information expressed, described or stored in any form provided by a party;
- non-public information reasonably designated as being confidential or which, under the circumstances surrounding disclosure ought to be treated as confidential including but not limited to customer information and employee information; or
- any information marked “Confidential” or “Confidential Information” by a party.
“Content” includes but is not limited to text, photographs, trademarks, music, artwork, computer code, visual interfaces, graphics, user interfaces, logos and music, including but not limited to the design, selection, expression, “look and feel”, structure and arrangement of the Content on the BeED Site.
“country” means the country or countries where BeED provides related services to enable customers to purchase the Products on the BeED Site.
“BeED Marketplace” means the e-commerce platform for merchants, BeED and customers to market, advertise, promote, list, negotiate and complete sale and purchase transactions on the said platform.
“BeED Seller Centre” means the seller centre operated by BeED for merchants to inter alia manage products and orders, review transactions and sales activities and upload profile content.
“BeED Site” means the websites and social media networking websites, sites, applications and/or accounts under the BeED brand. This includes but is not limited to the BeED Marketplace, BeED Seller Centre, BeED journal and BeED pages and posts hosted on third party social media sites.
“Intellectual Property” means all intellectual property rights including copyright, patents, rights in circuit playouts, registered designs, trademarks, rights of privacy and publicity and other forms of intellectual or industry property, know how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets, the right to have Confidential Information kept confidential, right to intellectual property granted pursuant to a licence agreement, and any application or right to apply for registration of any of those rights including all rights to have any of the foregoing registered or granted upon application, in reach and any part of the world and whether or not registered or registerable and for the full period thereof, and all extensions and renewals thereof.
2. Applicable Policies
- Copyright Policy;
- Prohibited or Restricted Activities and Products Policy;
- Cancellations Policy; and
2.2 Copyright Policy
The BeED Site and all Contents of the BeED Site are Intellectual Property of Beeducation Adventures Sdn. Bhd. © BeED 2016 . All rights reserved.
Any redistribution or reproduction of part or all of the Contents in any form is prohibited other than the following:
- you may print or download to a local hard disk or memory device extracts solely for your own personal and non-commercial use only; and
- you may copy the Content to individual third parties for their personal non-commercial use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic or mechanical methods.
2.3 Prohibited or Restricted Activities and Products Policy
You shall not engage in any or all activities that are restricted or prohibited by federal, state or local laws in any country or jurisdiction. This section provides a non-exhaustive list of prohibited and restricted activities and products that must be strictly observed by you. If you are a merchant, you are responsible for ensuring that you do not list, market, advertise, promote, negotiate, distribute and/or complete the sale and purchase of any product or engage in activities that are prohibited and/or restricted as set out in this section or by any applicable laws.
BeED may at its sole and exclusive discretion impose additional restrictions and prohibitions, and revise this section from time to time. It is your responsibility to check this section from time to time. You must not inter alia:
- involve the sale of products or services that are or have a high likelihood of being fraudulent;
- violate applicable laws or industry regulations regarding the sale of tobacco products, health, medicinal or prescription drugs and devices;
- engage in transactions relating to the infringement or violation of any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
- engage in activities that encourage, promote, facilitate or instruct others to engage in an illegal activity;
- engage in activities that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
- offer or engage in activities that offer financial services including money transfers, issuing bank guarantees and letters of loans, credit, fundraising or funding for investment purposes; and
- list, market, advertise, promote, negotiate, complete sales and purchase, and otherwise deal with any product prohibited or restricted in this policy or applicable laws.
The following products are prohibited to be listed, transacted or otherwise dealt with on the BeED Site:
- artefacts, cultural relics, historical grave markers, gold, silver, other precious metals (not including jewellery and watches), rare animals and related items that are protected under the laws of any country and jurisdiction;
- currency, coins, bank notes, bonds, money orders, currency in digital or any intangible form and other securities, and equipment used to produce such items, including counterfeit of the items;
- stolen goods and products including digital and virtual goods and services;
- narcotics, steroids, poppy seeds, certain controlled substances or other products that present a risk to consumer safety;
- drug paraphernalia including but not limited to items used for ingestion of illicit substances such as water pipes, chamber pipes, ice pipes, bongs, carburettor pipes etc.;
- prescription drugs, psychotropic drugs and veterinary products and drugs;
- unauthorised medical devices;
- products that are ethnically or racially offensive;
- military ordnance, ammunition, firearms, or any related parts or accessories;
- air guns, BB guns, paintball guns, spear guns, stun guns, harpoons or any other weapons that may discharge a projectile containing any chemicals, gas or explosive substances;
- certain weapons or knives regulated under applicable law;
- tobacco products including but not limited to cigars, cigarettes, pipe tobacco, hookah tobacco, cigarette tobacco, chewing tobacco and tobacco leaf;
- nicotine or liquids for use in electronic cigarettes;
- certain sexually oriented materials or services including sexual enhancement foods or supplements;
- products that are similar to or claim to be governmental identification documents or licences such as drivers licences, passports, visas, and birth certificates;
- government uniforms or articles of clothing that are similar to government uniforms;
- hazardous or dangerous materials or products containing harmful substances;
- any human, human body or any human body part including but not limited to organs, bone, blood, skull, skeletons, eggs and sperm;
- any animal, animal body or any animal body part including but not limited to organs, bone, blood, skull, skeletons, eggs and sperm (excluding fashion products made from selected animal skin);
- any form of invoices or receipts;
- medical or health services including but not limited to rehabilitation, vaccination, counselling, plastic surgery, massages, traditional Chinese medication and any other medical treatment;
- products that are considered obscene, pornographic materials, sexual and adult toys, food items in the shape of genitalia, and items depicting inter alia exploitation of minors, rape sex, incest and bestiality;
- official law enforcement equipment including badges issued by government, and law enforcement officers excluding authorised general souvenir items;
- bulk email or mailing list containing personally identifiable information including names, addresses, phone numbers, fax numbers and email addresses;
- software and other tools designed or used to send unsolicited commercial email or “spam”;
- counterfeit, non-licensed replicas or unauthorised products;
- products that can be used to gain unauthorised access to television programming, telephone, internet access, data or other protected, restricted or premium services;
- products designed to intentionally block, interfere with or jam authorised radio communications, global positioning systems, wireless networking services and police radar;
- spy equipment designed for interception of oral, wire and electronic communications;
- used cosmetics and skin care, and undergarments;
- pirated, duplicated or backup copies of video games, music albums, movies, photographs, software programs, television programmes and other protected works; and
- products prohibited by any law, regulation, trade restriction and sanction in the country.
2.5 Statement of Intellectual Property Right
3. Intellectual Property
The BeED Site and the Content are owned, controlled or licensed by or to BeED and are protected by the laws on Intellectual Property rights, the common law and laws relating to unfair trade practices, unfair competition and other applicable laws.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk or memory device extracts for your own personal and non-commercial use only; and
- you may copy the content to individual third parties for their personal non-commercial use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, copy, reproduce, upload, reverse engineer, post, republish, publicly display, encode, transmit, distribute, translate, store or commercially exploit in any way including “mirroring” any part of the BeED Site and/or the Content to any other website or other form of electronic or mechanical methods or medium.
You may use information on the BeED Site (such as standard terms and conditions, policies and similar documents) made available by BeED for downloading from the BeED Site provided that:
- you use such information only for your own personal and non-commercial purpose;
- you do not make any changes, modifications etc to such information;
- you do not make any representations or warranties relating to such information; and
- you do not remove any proprietary notice language in any copies of the documents downloaded.
and other BeED graphics, logos, designs, page headers, button icons, scripts, service names and words referenced herein are either trademarks or registered trademarks of BeED and its Affiliates. BeED Site’s copyright, trademarks, service marks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation, as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
If you believe that any content appearing on the BeED Site may constitute an infringement of your or any other party’s Intellectual Property, you shall immediately inform BeED via its email at email@example.com. Upon receiving notification of a valid undisputable claim, BeED shall make reasonable endeavors to investigate and/or remove the Content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to BeED’s rights, remedies and defences, all of which are expressly reserved. You shall indemnify BeED for all claims brought by a third party against BeED and its Affiliates arising out of or in connection with such claim.
4. Relationship between the Parties
The relationship between BeED and the merchants shall be solely that of independent contractors.
Each agreement entered into for the sale and purchase of any Product or Service with a merchant on the BeED Marketplace shall be an agreement entered directly between the merchant and the customer (“Customer Agreement”). Accordingly, the enforcement of any obligations under the Customer Agreement is the sole responsibility of the relevant merchant and the customer who are parties to that Customer Agreement.
5. Selling and Purchasing Products & Services on the BeED Site
You warrant that all information provided to BeED or BeED Site as part of the registration process or entering into an agreement with BeED at all times is true, correct, accurate and complete and you will immediately notify us of any changes to the information provided.
You acknowledge that in assessing an application by a customer to register or an application by a merchant to execute an agreement with BeED, BeED may conduct preliminary checks against its internal criteria and policies. BeED reserves the right to reject any application in its sole discretion without providing any reasons for such rejection. You hereby consent to BeED carrying out all and any checks deemed necessary by BeED relating to compliance with any law, including under the Personal Data Protection Act 2010 and its related subsidiary legislations and or amendments, modifications etc thereof.
5.2 Special Conditions Applicable to Merchants
This sub-section 5.2 applies only to merchants who list, market, advertise, promote, negotiate, sell and/or distribute any product on the BeED Site.
5.2.1 Management and Handling of Content
By uploading Content to BeED Site, you warrant, represent and covenant that you own and/or have the rights or are licensed to use such Content in this manner and that such Content does not infringe directly or indirectly any Intellectual Property. You further represent and warrant to BeED that you are not aware of any claims made, likely to be made or possibility of being made by any third party with regards to any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from use of the Content. In the event that BeED receives a complaint and/or negative information in respect of any Content posted by you, BeED reserves the right to remove such Content immediately. In such a case, it shall be your sole responsibility to deal with such a complaint and to compensate BeED Site for any loss suffered.
BeED acknowledge that we will not acquire any rights in respect of the Content and that all those rights and goodwill are, and will remain, vested in you as merchant or the owner of the Content, as the case may be. You shall not be entitled to use any Intellectual Property belonging to BeED without our prior approval in writing.
By posting Content on the BeED Site, it is possible for a third party or website outside the BeED Site to repost that Content. If you choose to display your own BeED Site hosted image on another website, the image must provide a link back to its listing page on the BeED Site.
You agree to release, defend, protect, indemnify and hold BeED, our Affiliates, and our respective directors, officers, employees, contractors, agents, users, successors, and assigns, harmless from and against any and all costs, expenses, fines, penalties, losses, damages, and liabilities arising out of any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other dispute, claim, demand or action resulting from the posting, uploading, displaying or any other dealing with the Content on the BeED Site.
5.2.2 Merchant’s Representations and Warranties
The Merchant warrants that:
- it has or will have good title to, and is the sole beneficial owner of every Product it sells and sends to customers on the BeED Site;
- it has the unrestricted authority to grant the rights and licenses required or contemplated by this Agreement;
- it has all the Intellectual Property rights that are necessary to market, distribute, sell and license the Products;
- every Product does not and will not infringe any rights of any third party, including without limitation any Intellectual Property rights;
- every Product will be of merchantable quality and fit for the purposes intended;
- every Product will be free from defects in design, materials and workmanship;
- every Product is genuine
- every Product will comply with any specification, drawing, sample, performance criteria and other description provided either generally, or to BeED or to the BeED Site;
- it is not aware of any right of or claim by, any third party anywhere in the world which would prejudice the promotion or sale of the Products on the BeED Site or the use of any of the Intellectual Property, and no person has claimed any infringement of its right in connection, however remotely, with any Product, and it will immediately notify BeED if such a claim is made;
- the listing, marketing, promotion, feature, distribution or sale of the Products on the BeED Site does not and will not violate any law, regulation or practice;
- every Product, and the performance of the Merchant under the Customer Agreement meets all applicable standards, laws, regulations and requirements in the country, and the place of performance of the Customer Agreement and breaches no laws of any country. Upon BeED’s written request, the merchant shall provide any written certification of compliance required by any federal, state or local law, ordinance, code or regulation; and
- all formal consents, waivers, approvals, authorisations, exemptions, registrations, licenses or declarations of or by or filing with, any authority or contracting party which are required to be made or obtained by the merchant in connection with the sale of the Products on the BeED Site have been duly obtained.
Where required, the Merchant shall at its own cost be obliged to procure all formal consents, waivers, approvals, authorisations, exemptions, registrations and/or licenses necessary for BeED to list, market, promote, feature and make available for sale the Products on the BeED Site. Where necessary, the Merchant agrees to assist and cooperate with BeED in securing regulatory approval for the listing of the Products on the BeED Site.
BeED may at its discretion as and when required, provide to the merchants manuals setting out standard operating procedures and detailed practical requirements and the merchant agrees to comply with the requirement of the manuals.
5.2.3 Specific warranties in relation to Intellectual Property
The merchant warrants, represents and covenants that:
- its manufacture, sale, marketing, distribution or use of the Products do not infringe, whether directly or indirectly any Intellectual Property;
- BeED’s feature of the Products on the BeED Marketplace does not infringe any Intellectual Property, whether directly or indirectly; and
- it is not aware of any claims made, likely to be made, having a high chance of being made by any third party with regards to any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the manufacture, sale, distribution or use of the Products.
The merchant shall not be entitled to use any Intellectual Property belonging to BeED without BeED’s prior approval in writing.
5.3 Special Conditions Applicable to Travel Products & Services
The following terms and conditions apply to all Travel Products ordered through BeED, except as otherwise specified on any particular Travel Product and except as otherwise required by law. By ordering, or printing, or accepting, or using or attempting to use any Travel Product on the BeED site, you agree to these additional terms and conditions.
All Travel Products are promoted and issued by the participating merchant through BeED as a service provider. BeED is authorized to act as the merchant's agent where applicable only for purposes of receiving and processing payments from customers for the customer orders placed through BeED Marketplace.
The merchant is the holder and issuer of the Travel Products and under no circumstances shall BeED be deemed the holder, issuer or seller of the Travel Products. BeED does not own, manage, operate or control the delivery or fulfilment of customer orders. The merchant is solely liable and responsible to liaise directly with customers for delivery and fulfilment of customers’ orders, including but not limited to the supply and delivery of the travel and/or tour packages. BeED will only be facilitating with customer service, by liaising with the merchant and the customers and third party providers to provide support and after-sales service like management of requests for cancellation and refunds from the merchant.
The merchant is solely responsible for the value and redemption of the Travel Product. Each Travel Product is subject to the merchant’s redemption terms and conditions. The Travel Product may not be redeemed for products or services other than those specified on the Travel Product.
While BeED makes every effort to work with merchants to ensure that any material or rate for travel products displayed on the BeED Site is accurate as at the date of listing, BeED hereby expressly disclaims any responsibility, and makes no representations, warranties and/or undertakings whatsoever on the accuracy, completeness, quality or adequacy of any contents for Travel Products on the BeED Site.
BeED is not in any way whatsoever liable for any possible claims of customers and/or third parties arising from the sale of the Travel Products, fulfilment and delivery of customer orders and its related services, including but not limited to, claims of personal injury, death or property damage. Every customer purchases products and services from BeED’s site with the express knowledge and agreement that BeED is not in any way whatsoever liable for any possible claims of customers and/or third parties arising from the sale of the Travel Products, fulfilment and delivery of customer orders and its related services, including but not limited to, claims of personal injury, death or property damage. The merchant is solely responsible for any and claims, including any bodily injury, medical condition, illness, damages, claims, liabilities and costs suffered by or relating to any customer and third parties and the compliance with all laws.
You hereby knowingly waive and release BeED from all responsibility for any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act and/or omission of the merchant in connection with the merchant, the provision of the services and products relating to the Travel Products, and compliance or otherwise by the merchant with applicable law.
5.4 Goods and Services Tax
The Goods and Services Tax (“GST”) Act 2014 has been repealed, and the following Sales and Services Tax (“SST”) legislation came into effect on 1 Sept 2018:
- Goods and Services Tax (Repeal) Act 2018.
- Sales Tax Act 2018.
- Service Tax Act 2018.
- Customs (Amendment) Act 2018.
- Free Zones (Amendment) Act 2018.
The GST has been abolished with effect on 1 September 2018. However, according to section 4 of the Goods and Services Tax (Repeal) Act 2018, there is no cut-off for the collection of any GST that was due and payable prior to the repeal of the GST Act 2014, but has not yet been accounted for, or has been overlooked.
6. Use of and Restrictions on the BeED Site and BeED Marketplace
6.1 Non-Commercial Use and Downloading of Information
BeED authorises you to view and download the information and materials at the BeED Site only for your own personal and non-commercial use provided that you ensure all copyright and other proprietary notices contained in the original materials on any copies of the materials are maintained and preserved.
All materials downloaded or otherwise obtained through the BeED Site are done at your sole discretion and risk and you shall be solely responsible for any damage to BeED’s computer system or loss of data that may result from the download of any such material. No advice or information whether oral or written obtained by you from BeED or through or from the BeED Site shall create any warranty not expressly stated herein.
6.2 No Unlawful or Prohibited Use
You warrant that you, either by yourself or in concert with another, will not use the BeED Site for any and all of the following activities:
- act in any manner or take any action which could damage, disable, impair or overload the BeED Site, our infrastructure or interfere with any other party’s use and enjoyment of the BeED Site;
- probe, scan or test the vulnerability of the BeED Site or any network connected to the BeED Site, nor breach the authentication or security measures on the BeED Site, or any network connected to the BeED Site, and shall not reverse look-up, trace or seek to trace any information on any other user or visitor to the BeED Site, or any other customer of BeED, including any BeED account not owned by you, to its source or exploit the BeED Site or any service or information made available or offered by or through the BeED Site and/or BeED Marketplace, with the purpose of retransmitting to or from, or posting on the BeED Site and/or BeED Marketplace any unlawful, threatening, defamatory, liberious, obscene, pornographic, or other material that would violate any law;
- use an anonymising proxy, any robot, spider, other automatic device, program, algorithm or methodology, or any similar or equivalent manual, semi-automated or automated- process to monitor, access, acquire or copy any portion of the BeED Site and/or Content, or in any way reproduce or circumvent the navigational structure of the presentation of the BeED Site and/or Content without our prior written permission;
- use any device, software or routine to interfere or attempt to interfere, attempt to interfere with the proper working of the BeED Site or any transaction conducted on the BeED Site, or involve any scheme to undermine the integrity of the data, systems or networks used by BeED or any user of the BeED Site or gain unauthorised access to any portion or feature of the BeED Site, or any other systems or networks connected to the BeED Site or to any BeED server, or to any of the services offered on or through the BeED Site by hacking or any other illegitimate means;
- obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through the BeED Site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BeED on or through the BeED Site or any service offered on or through the BeED Site, and shall not represent or pretend that you are someone else, or impersonate any other individual or entity, or use another individual’s account without the express written consent of the said individual;
- facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate the BeED Site, any system, data or Information;
- act in a manner that is defamatory, trade libellous, threatening or harassing;
- engage in activities that violate any law, statute, ordinance or regulation;
- list, market, advertise, promote, negotiate, sell, distribute or complete transactions involving restricted and/or prohibited activities as set out in Section 2.3 (Prohibited or Restrictive Activities and Product Policy);
- engage any act that infringes BeED’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- provide false, inaccurate or misleading Information and/or engage in potentially fraudulent or suspicious activity and/or transactions;
- disclose or distribute another user’s information to a third party, or use the information for marketing or promotional purposes unless you receive the user’s express written consent to do so; or
- use the BeED Site in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to BeED, you, other users or third parties; or engage in an activities that would otherwise create any liability for BeED and its Affiliates.
6.3 User Testimonials, Comments and Messages
The messages, comments, reviews and testimonials express the views of the users of the BeED Site and not necessarily the views of BeED. Content of messages, comments, reviews and testimonials of BeED Site’s users is neither created by, verified by nor adopted by BeED. BeED does not vouch for or warrant the accuracy, completeness or usefulness of the messages, comments, reviews or testimonials of the users on the BeED Site, and is in no way responsible for the contents of the messages, comments, reviews or testimonials which do not constitute BeED’s authorised literature. Only authorised literature produced and issued by BeED represents our position. Submissions posted by users on the BeED Site is not official BeED material and shall not be copied, quoted or otherwise reproduced and is not to be used in promoting, nor should it be relied upon in using the Products.
You agree to indemnify and hold us harmless against any claim or action brought by third parties arising out of or in connection with any messages, comments, reviews and testimonials posted by you on the BeED Site, including the violation of their privacy or Intellectual Property rights.
6.4 Protecting Your Password
You will be required to provide a username and password as part of our security measures in registering you on the BeED Site. You are solely responsible for the security and secrecy of your username and password and should not provide this information under any circumstances to anyone not expressly authorised by you to use your account. You accept sole responsibility for any act, omission or negligence in relation to the use of your account. You must immediately change your password if you have any reason to believe that your password has been compromised. BeED shall not be liable for any loss or damaged suffered by you in relation to the use of your account.
6.5 App Permissions
Most mobile devices provide you with information about permissions that you may grant to us for your device when you use BeED apps. Please refer to your mobile device’s manual for more information and instructions on permissions.
7. Cooperation and Investigations
Where you fail to do so and such failure results in delay in, suspension or termination of your account, or access to the BeED Site and the related services or any portion thereof, BeED shall not be obliged to extend the period for access to your account, the BeED Site nor shall be liable for any loss or damages arising from such delay, suspension or termination.
8. Disclaimer and Release
The BeED Site and the Content are provided on an “As is”, “With all faults” and “As available” basis. BeED and our Affiliates, our directors, officers, agents, joint ventures and employees make no warranties whatsoever and hereby disclaim all warranties (express, implied or statutory) including but not limited to any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Products, information, Content and materials at the BeED Site. BeED does not promise that the BeED Site or any Content, Product description, information, material or feature of the BeED Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the BeED Site will provide specific results.
BeED attempts to be as accurate as possible. However, BeED does not control and is not liable to or responsible for the validity, accuracy, suitability, quality, safety, correctness, reliability, stability, description, lawfulness or availability of the Products offered for sale on the BeED Site. BeED does not represent or warrant that the manufacture, importation, offer, display, purchase, sale and/or use of the Products or related services offered or displayed on the BeED Site does not violate any third party rights or relevant laws and BeED does not make any representation or warranties of any kind concerning any Product offered or displayed on the BeED Site. If a Product offered on the BeED Site is not as described, your sole remedy is to return it in unused condition in accordance with the Cancellations and Returns Policy.
You acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions in connection with using the BeED Site or related services, and that you are assuming the risks or liability or harm of any kind whatsoever in connection with subsequent activity of any kind relating to the products including but not limited to the delivery of the Products or related services (including taxes and issuance of tax invoices) that are the subject of transactions using the BeED Site and the usage of the Products. You agree that BeED and BeED Site shall not be liable or responsible for any damages, claims, liabilities, errors, inaccuracies, costs, harms, inconveniences, business disruptions, delays in delivery of the Products or expenditures of any kind that may arise as a result of or in connection with any such risks.
BeED does not guarantee continuous, uninterrupted or secure access to any part of the BeED Site, and operation of BeED Site may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. BeED does not ensure that any files or other data downloaded from the BeED Site and/or BeED Marketplace will be free of contamination, virus or destructive features. BeED will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but BeED makes no representations or warranties regarding the amount of time needed to complete processing because these are dependent upon many factors outside of our control, such as delays in the banking system, communications or mail service.
BeED may make changes to the information, content, materials or feature at the BeED Site, or to the products and prices described in them, at any time without notice. The information, content or materials at the BeED Site may be out of date, and BeED makes no commitment to update the information, content or materials at the BeED Site. Content, materials or information published at the BeED Site may refer to products, programs or services that are intended for use only in a particular country and may not be used or relied upon in any other country save where otherwise provided.
Your remedy against BeED for dissatisfaction with the BeED Site, the BeED Marketplace or any Content, information or material is to stop using the BeED Site, the BeED Marketplace or any such Content, information or material.
BeED shall not be responsible for disputes between one or more users, or an outside party. If you have a dispute with another user, you release BeED, BeED Marketplace, BeED Site, our Affiliates, officers, directors, agents and employees from any and all claims, demands and damages of any kind and nature, known and unknown, arising out of or in any way connected to such dispute.
8.3 Force Majeure
- act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
- import or export regulations or embargoes; or
- interruption of traffic, strike, lock-outs or other industrial actions or trade disputes (whether involving employees of either party or of a third party).
Upon the happening of any one of these events, BeED may at its discretion fully or partially suspend delivery/performance while such event or circumstances continues or terminate any order request so affected with immediate effect by written notice to you, and BeED shall not be liable for any loss or damage suffered by you as a result thereof.
9. Liabilities and Indemnities
9.1 Limitation of Liability
In no event will BeED, BeED Site, our Affiliates, and our officers, directors, agents, joint ventures or employees mentioned at the BeED Site be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever including without limitation, those resulting from injury, medical condition, illness, loss of profits, damages, data or interruption arising or resulting from any of the following:
- the use, the results of use or inability to use the BeED Site and/or BeED Marketplace, or any websites linked to the BeED Site and/or BeED Marketplace, or the information or materials contained at any or all such websites, howsoever arising including negligence, whether based on warranty, tort, contract or any other legal theory or whether or not advised of the possibility of such damages;
- any defect in goods, samples, data, information or services purchased or obtained from or through the BeED Site;
- the use, the results of use or inability to use, consumption, redemption, delivery and/or fulfilment of any Product;
- violation of third party rights under the relevant and applicable laws, claims or demands that the manufacture, importation, export, distribution, listing, offer, advertising, promotion, display, purchase, sale and/or use of the products offered or displayed on the BeED Marketplace or BeED Site may violate or may be asserted to violate third party rights or claims by any party that they are entitled to defence or indemnification in relation to assertion of rights, demands or claims by third party rights claimants;
- statements, acts or conduct by any user of the BeED Site;
- unauthorised access by third parties to data or private information of any user; or
- multiple usage of a promotion code or voucher code by any user across multiple transactions and/or elements of fraud on the BeED Site; or
- any matters relating to the BeED Site, products and related services (including calculation of taxes and issuance of tax invoices) however arising including negligence
Notwithstanding any of the foregoing provisions, our liability and that of our Affiliates, our directors, officers, agents, joint ventures and employees to you or any third parties in any circumstances is limited to the actual amount of monies you have paid for the Products during the calendar year, or the net amount owed to you during the calendar year, as the case may be. In both instances, the amount payable shall not exceed Ringgit Malaysia (RMxxx). All claims arising from the use of the BeED Site and/or related services must be by way of notice in writing to us of such claim, specifying in reasonably sufficient detail the nature of the claim and so far as is practicable the amount claimed in respect thereof, and shall be served within one (1) year from the date of the event/omission giving rise to the claim. Failing which you are deemed to irrevocably waive any such entitlement, right and pursuit of any such claim.
In addition, you agree to release, defend, protect, indemnify and hold BeED, our Affiliates, and our officers, directors, agents, joint ventures and employees harmless from any and all claims, costs, losses, demands, penalties, damages, expenses, fines or other liabilities of any nature, arising in any manner out of the your acts, omissions or negligence, or those of your employees, agents or contractors, whether in tort, contract or otherwise, including:
- any claim made by any customer on the basis of any agreement entered into with you;
- any claims asserted or incurred by any third party claimants or other third parties relating to the Products offered and displayed on the BeED Site;
- any wilful, negligent act, omission or default on your part or your agent, employee, licensee;
- the alleged or proved breach of a third party’s rights including in respect of any claim that the Product infringe, or their importation infringes the Intellectual Property rights of any third party or other claim, demand or action resulting from the advertising, promotion, manufacture, sale, distribution or use of the Products on the BeED Site;
- arising out of or resulting in any way from any alleged defects in the material or workmanship of the Product, or from the use or performance or non-performance of the merchant’s Product;
- any other alleged act, omission, or misrepresentation by you;
- arising out of or resulting in any way from your failure to register for GST purpose where you are required to do so;
- any claim that a Product violates a person’s right to privacy or contains obscene or defamatory material; or
- failure by you to comply with any applicable laws, regulations and requirements.
You hereby agree that BeED shall not be responsible and shall have no liability to you, for any material posted by others, including defamatory, seditious, vexatious, offensive or illicit material and the risk of damages from such material rests entirely with each user. BeED reserves the right at our own expense to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BeED in asserting any available defences.
10. Breach and Infringement
10.1 Breach by User
- BeED has reasonable grounds to suspect that you have used a stolen credit card or utilised a cloned credit card or other false or misleading information in any transaction with a counter party;
- BeED has reasonable grounds to suspect that any information provided by you is not complete, outdated, untrue, false, inaccurate or misleading;
- BeED has reasonable grounds to believe that your act or omission may cause financial loss or legal liability to BeED, BeED Site or our Affiliates, other users or third parties; or
- BeED has reasonable grounds to believe or suspect that you have used a promotion code or voucher code against the terms and conditions governing the promotion code or voucher code and/or your intend or have engaged in fraudulent activities on the BeED Site; or
BeED reserves the right to take appropriate action where necessary and without notice at any time including but not limited to remove all or any information, content or material from the BeED Site, to disallow the use of the BeED Site in connection with the information, content or material that is claimed to be infringing, to modify or change the BeED Site or any portion of the BeED, and any terms or policies, to modify, suspend or terminate the operation or access to the BeED Site or part of the BeED Site.
BeED may terminate your account without prior notification. You can terminate your account at any time by writing to firstname.lastname@example.org. Please refer to Section 10 (Breach and Infringement) for further details on dealings with accounts.
12. Governing Law and Dispute Resolution
In event of any dispute between BeED and you arising out of or in connection with your use of the BeED Site and/or the BeED Marketplace, the parties shall endeavour in good faith and promptly, to resolve any such dispute. If the parties are unable to resolve the dispute within sixty (60) days, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of BeED to seek recourse in the courts of law, including commencing a legal action without resorting, convening or participating in any such mediation as stated herein.
Where there is dispute between a merchant and customer, because BeED is not the agent of the merchant or customer, BeED will not act as either party's agent in connection with resolving any disputes between the parties related to or arising out of any transaction. BeED urges merchants and customers to cooperate with each other to resolve such disputes.
13. Notice and Feedback
Any feedback you provide at this BeED Site is non-confidential.
All legal notices or demands to BeED shall be made in writing and sent to BeED personally, by courier or certified mail to Beeducation Adventures Sdn. Bhd., D-06-03 & D-06-3A, Sky Park @ One City, Jalan USJ 25/1, 47650 Subang Jaya, Selangor, Malaysia. The notices shall be effective when they are received and acknowledged receipt by BeED in any of the above manner.
All legal notices or demands to you shall be effective if either delivered personally, by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by you to BeED. Notice to you shall be deemed to be served upon and received by you if and when BeED is able to demonstrate that communication whether in physical or electronic form has been sent to you.
All agreements, notices and other communications that BeED sends to you electronically satisfies the legal requirement for communication to be in writing.