1. INTRODUCTION

1.1 Welcome to the CepatBeli.com platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a CepatBeli.com account (“Account”) so you are aware of your legal rights and obligations with respect to CepatBeli.com and its affiliates (individually and collectively, “CepatBeli.com”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by CepatBeli.com client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by CepatBeli.com.

1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and CepatBeli.com is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. CepatBeli.com is not involved in the transaction between Users. CepatBeli.com may or may not pre-screen Users or the Content or information provided by Users. CepatBeli.com reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. CepatBeli.com cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 CepatBeli.com reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. CepatBeli.com may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. CepatBeli.com may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5 CepatBeli.com reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING CEPATBELI.COM SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

  1. PRIVACY

2.1 Your privacy is very important to us at CepatBeli.com. To better protect your rights we have provided the CepatBeli.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how CepatBeli.com collects and uses the information associated with your 

Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:

(i) consent to CepatBeli.com’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and CepatBeli.com; and

(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without CepatBeli.com’s prior written consent.

2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

  1. LIMITED LICENSE

3.1 CepatBeli.com grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of CepatBeli.com and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with CepatBeli.com. You acknowledge that CepatBeli.com may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

  1. SOFTWARE

Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. CepatBeli.com reserves all rights to the software not expressly granted by CepatBeli.com hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by CepatBeli.com.

  1. ACCOUNTS AND SECURITY

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that CepatBeli.com, in its sole discretion, finds offensive or inappropriate, CepatBeli.com has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. CepatBeli.com has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify CepatBeli.com of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. CepatBeli.com will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3 You agree that CepatBeli.com may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that CepatBeli.com deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or (g) behaviour that is harmful to other Users, third parties, or the business interests of CepatBeli.com. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, CepatBeli.com may terminate your Account immediately with or without notice.

5.4 Users may terminate their Account if they notify CepatBeli.com in writing (including via email at support@CepatBeli.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact CepatBeli.com after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. CepatBeli.com shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by CepatBeli.com.

5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

  1. TERM OF USE

6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, CepatBeli.com may effect such termination with or without notice to you.

6.2 You agree not to:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;

(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;

(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(f) remove any proprietary notices from the Site;

(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of CepatBeli.com;

(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

(k) access the CepatBeli.com platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;

(l) manipulate the price of any item or interfere with other User’s listings;

(m) take any action that may undermine the feedback or ratings systems;

(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by CepatBeli.com with respect to the Services and/or data transmitted, processed or stored by CepatBeli.com;

(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;

(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(t) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;

(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;

(y) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;

(z) infringe the rights of CepatBeli.com, including any intellectual property rights and any passing off of the same thereof;

(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not CepatBeli.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will CepatBeli.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

6.4 You acknowledge that CepatBeli.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, CepatBeli.com and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by CepatBeli.com or submitted to CepatBeli.com, including, without limitation, information in CepatBeli.com Forums and in all other parts of the Site.

6.5 You acknowledge, consent to and agree that CepatBeli.com may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over CepatBeli.com or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CepatBeli.com, its Users and/or the public.

  1. VIOLATION OF OUR TERMS OF SERVICE

7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

  • Listing deletion
  • Limits placed on Account privileges
  • Account suspension and subsequent termination
  • Criminal charges
  • Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2 If you believe a User on our Site is violating these Terms of Service, please contact support@CepatBeli.com.

  1. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1 The Users are independent individuals or businesses and they are not associated with CepatBeli.com in any way. CepatBeli.com is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.

8.2 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to support@CepatBeli.com and copy legal@CepatBeli.com and provide us the documents requested below to support your claim. Do allow us time to process the information provided. CepatBeli.com will respond to your complaint as soon as practicable.

8.3 Complaints under this Section 8 must be provided in the form prescribed by CepatBeli.com, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow CepatBeli.com to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint.

  1. PURCHASE AND PAYMENT

9.1 CepatBeli.com supports one or more of the following payment methods:

(i) Credit Card

Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.

(ii) E-wallet

E-wallet payments are processed through third-party payment channels and the type of E-Wallet accepted by these payment channels may vary depending on the jurisdiction you are in.

(iii) Financial Process Exchange (FPX)

FPX payments are processed through third-party payment channels and the type of FPX accepted by these payment channels may vary depending on the jurisdiction you are in.

9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.

9.3 CepatBeli.com takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

9.4 At the moment, CepatBeli.com is only able to make payment to Users via bank transfer. Hence, Users are required to provide CepatBeli.com with his/her banking details in order to receive payments i.e. from the sale of item or refund from CepatBeli.com.

10 CEPATBELI.COM VOUCHER

10.1 These CepatBeli.com Voucher Terms and Conditions (the “CepatBeli.com Voucher Terms”) apply to CepatBeli.com branded digital Voucher (the “Voucher (s)”). By purchasing or using Voucher, you (“you” or the “User”) agree to be bound by these Voucher Terms, in addition to the Terms of Service for the CepatBeli.com.com website, which are incorporated by reference into these Voucher Terms.

10.2 For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Service. In the event of a conflict between the provisions of the Voucher Terms and the Terms of Service, to the extent such contradiction is pertaining to the use of Vouchers, the provisions of these Voucher Terms shall prevail.

10.3 Where the User provides us with personal data pertaining to a third-party for fulfilment purposes of the Voucher or otherwise, the User hereby confirms on behalf of said third-party that he/she has agreed to the sharing of his/her personal data with CepatBeli.com.

10.5 Users should refer to the Product Details Page (as defined below) for specific terms and conditions and expiry dates.

10.6 Voucher cannot be used to purchase other Voucher, insurance products and any other product prohibited by law or CepatBeli.com. If the value of an Order exceeds the value of the Voucher, any outstanding Order balance must be paid using a different payment method. If the value of an Order is less than the value of the Voucher, the remaining Voucher balance will be forfeited.

10.7 Unless otherwise stated in the Products Details Page, the Voucher shall remain valid for a period of six (6) months from the date of issuance.

10.8 Voucher may not be transferred for something of value.

10.9 Additional instructions on how to redeem a Voucher are made available on the product details page of the Voucher, under CepatBeli.com website (the “Product Details Page”).

10.10 Loss or Theft of Voucher, it is your responsibility to keep it safe and will not be reissued or replaced.

10.11 The User acknowledges and agrees that: (a) Voucher can only be redeemed within the period specified on the Product Detail Page; (b) Voucher cannot be redeemed on certain black-out dates or promotion dates specified by CepatBeli.com; (c) The Users shall not use Voucher (s) or permit the use of Voucher (s) in any manner which may adversely affect other Users’ use of Voucher (s) and/or any other Service provided to such Users, as CepatBeli.com may reasonably determine; (d) Voucher are offered to the User on an “as is” basis; (e) The User is responsible for all information the User submits, transmits or otherwise make available during the redemption of any Voucher; (f) To such extent permitted by applicable laws, CepatBeli.com expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Voucher (s); (g) To the fullest extent permitted by law, CepatBeli.com excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that the User would otherwise be entitled to.

10.12 Refunds, Exchange and Cancellations, all exchanges and refunds for merchandise purchased with Vouchers will be made in accordance with CepatBeli.com refund policy. Unless the Vouchers are otherwise unusable and faulty due to the act or omission of CepatBeli.com.

10.13 Issued Vouchers cannot be exchanged for cash.

10.14 Replacement of the Vouchers may be allowed, at CepatBeli.com’s sole discretion, if there is a systemic failure caused by an act or omission of CepatBeli.com.

10.15 Exchange of a Product or Service purchased using a Vouchers shall be subject to the Seller’s terms and conditions.

10.16 CepatBeli.com reserves the right to cancel or reject the use of a Voucher at its sole discretion for any or no reason, including, without limitation, where it deems or suspects fraud or other illegal activities.

10.17 Availability of Voucher, the User acknowledges that purchase or redemption of Voucher is subject to resource availability, including, without limitation, availability of CepatBeli.com.com website

10.18 CepatBeli.com does not make any warranty on the performance and capability of the CepatBeli.com website.

10.19 The User accepts and acknowledges that CepatBeli.com may suspend, terminate and/or discontinue the redemption of the Vouchers in its sole and absolute discretion without prior notice and without any liability whatsoever to the User.

10.20 Use and Disclosure of Data, the User agrees that CepatBeli.com shall be entitled to use or disclose any information or data disclosed by the User in accordance with CepatBeli.com’s Privacy Policy. The User is entitled to withdraw such consent in the procedure as prescribed by CepatBeli.com from time to time.

10.21 Order fulfilment in relation to Vouchers may be handled by a partner, in which case Users may receive direct communication of Gift Card pin codes from the partner.

10.22 The rights and protections conferred on CepatBeli.com under these Vouchers Terms shall be additional to the rights and protections conferred on CepatBeli.com under the Terms of Service, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the User.

10.23 Any clause in the Vouchers Terms, Terms of Service, Privacy Policy and other terms and conditions as may be agreed to or accepted by the User that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

10.24 CepatBeli.com reserves the right to alter, modify, add to or otherwise vary these Voucher Terms from time to time, and in such manner as CepatBeli.com deems appropriate. The User shall be bound by the terms and conditions so amended. In any event, if the User continues to use the Vouchers after such amendment, the User shall be deemed to have accepted the amendments.

  1. Voucher Terms & Conditions

11.1 The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes (“Vouchers”).

11.2 Vouchers are only valid on the CepatBeli.com website

11.3 A valid code must be entered at the checkout page in order to redeem a Voucher.

11.4 Users can only redeem up to one Voucher per day.

11.5 Users can only use the Voucher for a one-time purchase only.

11.6 Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.

11.7 CepatBeli.com reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances: (a) suspicious or fraudulent purchasing activity or Voucher use; (b) Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same User or group of Users; or (c) Voucher used in bad faith (including resold Vouchers or use of Vouchers by Users purchasing products for the purpose of reselling)

11.8 Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.

11.9 Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers in addition to these terms.

11.10 Use of Vouchers by resellers is not tolerated, and CepatBeli.com reserves the right to cancel orders which are deemed to display reseller behavior.

11.11 Vouchers are not exchangeable for cash.

11.12 CepatBeli.com will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate Users for: (a) discontinued or cancelled Vouchers; (b) improper use of, or inability to redeem, a Voucher; or (c) the inability to redeem a Voucher due to technical issues.

11.13 CepatBeli.com reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.

  1. Digital Voucher & Gift Cards

12.1 By purchasing and/or using digital voucher(s) or digital coupon(s) bought from the Platform (the “Digital Good(s)”), you, the User (as defined in the Terms of Service), agree to be bound by these Digital Goods Terms and Conditions (the “Digital Goods Terms”), in addition to the Terms of Service for the Platform, which are incorporated by reference into these Digital Goods Terms.

12.2 For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Service. In the event of a conflict between the provisions of these Digital Goods Terms and the Terms of Service, the provisions of these Digital Goods Terms shall prevail.

12.3 You should refer to the product details page of the relevant Digital Good(s) (“Product Details Page”) for any Seller (as defined in the Terms of Service) specific terms and conditions and expiry dates.

12.4 Issuance of Digital Good(s), when you buy a Digital Good(s), you will receive it via your provided email and/or via your CepatBeli.com Website (as defined in the CepatBeli.com Payment Account User Terms and Conditions).

12.5 If, for whatever reason, you fail to receive the Digital Good(s) in accordance with these Digital Goods Terms, CepatBeli.com may at its sole and absolute discretion offer a voucher to you. Upon the acceptance of such voucher by you, you agree that you shall have no further claim against Seller.

12.6 Seller is the issuer of the Digital Good(s) but is not responsible for failure to issue as a result of any Platform. You acknowledge and agree that you shall not hold CepatBeli.com responsible for any failure or error in the issuance of the Digital Good(s), whether as a result of Platform or otherwise.

12.7 You acknowledge that purchase and receipt of the Digital Goods(s) is subject to the issuance and availability of the Digital Good(s). In lieu of the Seller, CepatBeli.com may be responsible for delivering the Digital Good(s), in which case CepatBeli.com will use reasonable efforts to do so, within the lead-time as stated in the Product Details Page of the Digital Good(s).

12.8 Digital Good(s) – Loss, Theft, Used in Error or Used Prematurely Once purchased, the Digital Good(s) is your responsibility and any Digital Good(s), including any accompanying QR code, barcode, PIN codes and/or serial number (each a “Code”), that are lost or stolen, used in error or used prematurely shall not be replaced.

12.9 Instructions on how to redeem Digital Good(s) may be made available on the Product Details Page.

12.10 You acknowledge that fulfilment of the Digital Good(s) is not guaranteed. It is subject to circumstances which may or may not be beyond the control of CepatBeli.com, including but not limited to the availability of the Digital Good(s), or the failure of Seller to procure the merchant’s agreement to provide the relevant merchant’s goods and services upon redemption of the Digital Good(s). You agree not to hold CepatBeli.com liable for any errors, omissions, service interruptions, faults, defects, failure to conclude a redemption of the Digital Good(s).

12.11 Codes may be used to redeem products and/or services at the Seller’s or Seller-specified merchant’s premises stated in the Product Details Page.

12.12 You acknowledge and agree that: (a) Digital Good(s) can only be redeemed within the period of time and the premises, where applicable, specified on the Product Details Page; (b) Digital Good(s) cannot be redeemed on certain black-out dates or promotion dates set by Seller or CepatBeli.com; (c) You shall not use Digital Good(s) or permit the use of Digital Good(s) in any manner which may adversely affect other Users’ use of Digital Good(s) and/or any other Service (as defined in the Terms of Service) provided to such Users, as CepatBeli.com may reasonably determine; (d) Digital Good(s) are offered to you on an “as is” basis, and unless otherwise specified in these Digital Goods Terms; (e) reproduction, sale, resale or trade of Digital Good(s) is prohibited, and any attempt to carry out any of these activities entitles CepatBeli.com to void the Digital Good(s) at its option; (f) if the Digital Good(s) are redeemed for less than its face value, there is no entitlement to cashback, cash or new Digital Good(s) equal to the difference between the face value and the amount redeemed; (g) Digital Good(s) are redeemable in their entirety only and may not be redeemed incrementally; (h) it is at the discretion of the merchant to determine whether the Digital Good(s) may be combined with any other promotions, vouchers, third party certificates or coupons; (i) use or purchase of the Digital Good(s) constitutes acceptance of these Digital Goods Terms; (j) you are responsible for all information you submit, transmit or otherwise make available during the purchase or redemption of any Digital Good(s); and (k) to the fullest extent permitted by law, CepatBeli.com expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Digital Good(s) or Code, without prejudice to any other provision in these Digital Goods Terms.

12.13 Any Digital Good(s) bought cannot be returned, refunded, transferred and/or cancelled after purchase, unless a refund and/or cancellation is permitted in accordance

12.14 Issued Digital Good(s) cannot be exchanged for cash. Each Seller may have its own policy on the exchange of issued Digital Good(s).

12.15 Replacement of the Digital Good(s) may be allowed, at CepatBeli.com’s sole and absolute discretion, if there is a systemic failure on Seller or CepatBeli.com’s part.

12.16 Exchange of a Product (as defined in the Terms of Service) or service purchased using Digital Good(s) shall be subject to Seller’s terms and conditions.

12.17 CepatBeli.com reserves the right to cancel or reject the use of any Digital Good(s) at its sole and absolute discretion, including, without limitation, where it deems or suspects that any transaction is fraudulent.

12.18 Notwithstanding Clause 12.6, CepatBeli.com may, at its sole and absolute discretion, permit a refund and/or cancellation of Digital Good(s), provided always that the Digital Good(s) have not expired.

12.19 You acknowledge that purchase or redemption of Digital Good(s) are subject to resource availability, including, without limitation, availability of the Platform.

12.20 CepatBeli.com does not make any representation, warranty or guarantee: (a) on the performance and capability of the Platform; (b) that the Codes are appropriate and available for use at all times; (c) about the accuracy, reliability, suitability, completeness or timeliness of the Codes; (d) about the quality, suitability, safety or ability of the Digital Good(s) issued by the Seller; (e) about the quality, suitability, safety or ability of the goods and/or services made available by the merchants; and/or (f) on the success of any redemption of the Digital Good(s). (g) You acknowledge and accept that CepatBeli.com may suspend, terminate and/or discontinue the purchase or redemption of the Digital Good(s) at its sole and absolute discretion without prior notice and without any liability whatsoever to you.

12.21 You agree that CepatBeli.com shall be entitled to use or disclose any information or data disclosed by you in accordance with CepatBeli.com’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by CepatBeli.com from time to time.

12.22 Order issuance in relation to Digital Good(s) may be handled by a third party appointed by CepatBeli.com, in which case you may receive direct communication of Digital Good(s) Codes from the third party.

12.23 The rights and protections conferred on CepatBeli.com under these Digital Goods Terms shall be additional to the rights and protections conferred on CepatBeli.com under the Terms of Service, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by you .

12.24 Any clause in these Digital Goods Terms, Terms of Service, Privacy Policy and other terms and conditions as may be agreed to or accepted by you that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

12.25 CepatBeli.com reserves the right to alter, modify, add to or otherwise vary these Digital Goods Terms from time to time, and in such manner as CepatBeli.com deems appropriate without prior notice. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Digital Good(s) after such amendment, you shall be deemed to have accepted the amendments.

  1. CEPATBELI.COM EASE-OF-MIND

13.1 CepatBeli.com Ease-Of-Mind is a service provided by CepatBeli.com or its authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by CepatBeli.com or its authorised agent (“CepatBeli.com Ease-Of-Mind Account”). Seller will not receive interest or other earnings from the sum you have paid into CepatBeli.com Ease-Of-Mind Account.

13.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in CepatBeli.com Ease-Of-Mind Account until:

(a) Buyer sends confirmation to CepatBeli.com that Buyer has received his/her goods, in which case, unless 13.2(d) applies, CepatBeli.com will release Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in CepatBeli.com Ease-Of-Mind Account to Seller;

(b) CepatBeli.com Ease-Of-Mind Period (or any approved extension under 13.3) expires, in which case, unless 13.2(c) or 13.2(d) applies, CepatBeli.com will release Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in CepatBeli.com Ease-Of-Mind Account to Seller;

(c) CepatBeli.com determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 13.2(d) applies, CepatBeli.com will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;

(d) such other time as CepatBeli.com reasonably determines that a distribution of Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.

CepatBeli.com Ease-Of-Mind is only offered to Buyers who have made payment through the channels provided by CepatBeli.com into CepatBeli.com Ease-Of-Mind Account. Offline arrangements between Buyer and Seller will not be covered under CepatBeli.com Ease-Of-Mind.

13.3 Payments made through CepatBeli.com channels will be held in the CepatBeli.com Ease-Of-Mind Account for a specified period of time (the “CepatBeli.com Ease-Of-Mind Period”). To find out more about the CepatBeli.com Ease-Of-Mind Period, please click this LINK. Buyer may apply for a one-time extension of CepatBeli.com Ease-Of-Mind Period prior to the expiry of the applicable CepatBeli.com Ease-Of-Mind Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, CepatBeli.com Ease-Of-Mind Period may be extended for a maximum period of three (3) days unless CepatBeli.com in its sole discretion determines that a longer extension is appropriate or required.

13.4 If, for any reason, the Seller’s bank account cannot be credited and/or the Seller cannot be contacted, CepatBeli.com will use reasonable endeavours to contact the Seller using the contact details provided by him/her.  In the event that the Seller cannot be contacted for more than twelve (12) months after the become due to the Seller and the Buyer’s Purchase Monies remain unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.

13.5 Seller/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. CepatBeli.com may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller/Buyer hereby grants CepatBeli.com his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, Seller/Buyer authorises CepatBeli.com to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank. For more information in relation to how CepatBeli.com handles your personal information, please visit our Privacy Policy page.

13.6 The CepatBeli.com Ease-Of-Mind is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the CepatBeli.com Ease-Of-Mind. The CepatBeli.com Ease-Of-Mind is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and CepatBeli.com accepts no liability in connection with the same. Without limitation, the CepatBeli.com Ease-Of-Mind does not constitute a product warranty.

13.7 Buyer and Seller acknowledge and agree that CepatBeli.com’s decision (including any appeals) in respect of and relating to any issues concerning the CepatBeli.com Ease-Of-Mind is final.

13.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by CepatBeli.com Ease-Of-Mind.

  1. DELIVERY

14.1 CepatBeli.com will inform Seller when CepatBeli.com receives Buyer’s Purchase Monies. Unless otherwise agreed with CepatBeli.com, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.

14.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, the CepatBeli.com Ease-Of-Mind Period or the time period specified (for offline payment) by Seller on Seller’s listing.

14.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that CepatBeli.com will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.

14.4 For Cross-Border Transaction. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Seller based outside of Malaysia, and the importation and exportation of such product is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country.  Users acknowledge that CepatBeli.com cannot provide any legal advice in this regard and agrees that CepatBeli.com shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.

  1. CANCELLATION, RETURN AND REFUND

15.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into CepatBeli.com Ease-Of-Mind Account.

15.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of CepatBeli.com Ease-Of-Mind Period, if applicable, subject to and in accordance with CepatBeli.com’s Refunds and Return Policy. Please refer to CepatBeli.com’s Refunds and Return Policy for further information.

15.3 CepatBeli.com reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into CepatBeli.com Ease-Of-Mind Account.

15.4 CepatBeli.com does not monitor the cancellation, return and refund process for offline payment.

  1. SELLER’S RESPONSIBILITIES

16.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.

16.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.

16.3 Seller agrees that CepatBeli.com may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.

16.4 For the purpose of promoting the sales of the items listed by Seller, CepatBeli.com may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by CepatBeli.com.

16.5 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.

16.6 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and CepatBeli.com cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.

16.7 Seller acknowledge and agrees that Seller’s violation of any of CepatBeli.com’s polices will result in a range of actions as stated in Section 7.1.

  1. PURCHASE AND SALE OF ALCOHOL

17.1 The purchase and sale of alcoholic products (“Alcohol”) on the Site is not permitted by CepatBeli.com.

  1. TRANSACTION FEES

18.1 CepatBeli.com charges a fee for all successful transactions completed via FPX, credit card or E- wallet on the Site (“Payment Fee”). The Payment Fee is borne by the Seller, and is calculated at three point zero percent (3.0%) of the Buyer’s Purchase Monies, rounded up to the nearest cent.  The Payment Fee is subject to SST (“Tax Amount”), and the Seller is responsible for such Tax Amount.

18.2 For Sellers located outside of Malaysia, CepatBeli.com charges a fee for all successful transactions completed via FPX, credit card or E-wallet (“Cross Border Fee”). The Cross Border Fee is borne by the Seller, and is calculated according to the rates as notified to such Sellers from time to time on the Site.

18.3 Following the successful completion of a transaction, CepatBeli.com shall deduct the Payment Fee and the Tax Amount, and the Cross Border Fee (as applicable) from the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance with Section 11.2. CepatBeli.com shall issue receipts or tax invoices for the Payment Fee and Tax Amount paid by Seller on request.

  1. DISPUTES

19.1 In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which CepatBeli.com shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

19.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against CepatBeli.com or its Affiliates (except where CepatBeli.com or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.

19.3 Users covered under CepatBeli.com Ease-Of-Mind may send written request to CepatBeli.com to assist them in resolving issues which may arise from a transaction upon request. CepatBeli.com may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to CepatBeli.com’s Refunds and Return Policy.

19.4 To be clear, the services provided under this Section 20 are only available to Buyers covered under CepatBeli.com Ease-Of-Mind. Buyer using other payment means for his/her purchase should contact Seller directly.

  1. FEEDBACK

20.1 CepatBeli.com welcomes information and feedback from our Users which will enable CepatBeli.com to improve the quality of service provided. Please refer to our feedback procedure below for further information:

(i) Feedback may be made in writing through email to or using the feedback form found on the App.

(ii) Anonymous feedback will not be accepted.

(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

(iv) Vague and defamatory feedback will not be entertained.

  1. DISCLAIMERS

21.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY CEPATBELI.COM OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CEPATBELI.COM DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

21.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

21.3 CEPATBELI.COM HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE CEPATBELI.COM AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

  1. EXCLUSIONS AND LIMITATIONS OF LIABILITY

22.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CEPATBELI.COM BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF CEPATBELI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

22.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, CEPATBELI.COM IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE CEPATBELI.COM EASE-OF-MIND; AND (B) RM 100 (ONE HUNDRED RINGGIT MALAYSIA).

22.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY CEPATBELI.COM’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF CEPATBELI.COM THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

  1. LINKS TO THIRD PARTY SITES

Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of CepatBeli.com in any manner whatsoever and you therefore access them at your own risk. CepatBeli.com is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. CepatBeli.com is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by CepatBeli.com of any linked site and/or any of its content therein.

  1. YOUR CONTRIBUTIONS TO THE SERVICES

24.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to CepatBeli.com. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant CepatBeli.com and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

24.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to CepatBeli.com by any means (each, a “Submission”), is not considered confidential by CepatBeli.com and may be disseminated or used by CepatBeli.com without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to CepatBeli.com, you acknowledge and agree that CepatBeli.com and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant CepatBeli.com and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

  1. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

25.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, CepatBeli.com is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold CepatBeli.com responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

25.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by CepatBeli.com. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. CepatBeli.com has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that CepatBeli.com shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that CepatBeli.com may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.

  1. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

  1. FRAUDULENT OR SUSPICIOUS ACTIVITY

If CepatBeli.com, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect CepatBeli.com, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

(b) We may suspend your eligibility for CepatBeli.com Ease-Of-Mind;

(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Singapore or elsewhere and directed to CepatBeli.com;

(d) We may refuse to provide the Services to you now and in the future;

(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to CepatBeli.com or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

For the purposes of this Section:

“Chargeback” means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.

“Claim” means a challenge to a payment that a Buyer or Seller files directly with CepatBeli.com.

“Reversal” means the reversal of a payment by CepatBeli.com because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by CepatBeli.com, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other CepatBeli.com policy, or (e) CepatBeli.com decided a Claim against you.

  1. INDEMNITY

You agree to indemnify, defend and hold harmless CepatBeli.com, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where CepatBeli.com or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the CepatBeli.com Ease-Of-Mind, (c) the hosting, operation, management and/or administration of the Services by or on behalf of CepatBeli.com, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.

29.SEVERABILITY

 

If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

  1. GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to CepatBeli.com or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.

  1. GENERAL PROVISIONS

31.1 CepatBeli.com reserves all rights not expressly granted herein.

31.2 CepatBeli.com may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

31.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

31.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and CepatBeli.com, nor does it authorise you to incur any costs or liabilities on CepatBeli.com’s behalf.

31.5 The failure of CepatBeli.com at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

31.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for CepatBeli.com’s affiliates and subsidiaries (and each of CepatBeli.com’s and its affiliates’ and subsidiaries’ respective successors and assigns).

31.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

31.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Malaysian Anti-Corruption Commission Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

31.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: support@CepatBeli.com.

LEGAL NOTICES: Please send all legal notices to legal@CepatBeli.com and Attention it to the “General Counsel”.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

Last Updated: 18 June 2020