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TERMS AND CONDITIONS


Introduction


These Terms and Conditions constitute a legally binding agreement between you as a User (“you” or “your”) and Poptron Malaysia Sdn Bhd, a company incorporated in Malaysia and having its address for service at MOX, Level 4, Sunway Putra Mall, 100, Jalan Putra, Chow Kit, 50350 Kuala Lumpur, Federal Territory of Kuala Lumpur
( “Poptron”, “we”, “us” or “our”) and govern your access and use of the Platform and the use of any Services made available by us via the Platform. 

The Platform is an e-commerce platform that enables Users to view Products, post comments, like Products, place, accept, conclude, manage and fulfil Orders for the sale and purchase of Products and/or Services online via the Platform. Please read the following Terms and Conditions carefully before using the Platform or opening an Account so that you are aware of your legal rights and obligations with respect to the use of the Platform.

Before you are able to use this Platform or the Services, you must read these Terms and Conditions carefully. By signing up for an account on the Platform, and/or using the Platform and/or continuing to use the Platform, you are deemed to have read, understood, and agreed to these Terms and Conditions.

These Terms and Conditions comprise of our:

(a) Terms of Use;

(b) Terms of Sale and Purchase; and

(c) Policies,

which are incorporated as part of these Terms and Conditions by reference, and collectively represent a legally binding agreement between the Users and Poptron. For the avoidance of doubt, references to these “Terms and Conditions” includes a reference to all documents comprising the same. In the event of any inconsistency, provisions of these Terms and Conditions shall prevail.

These Terms and Conditions will apply to all Users of the Platform.

Certain sections of these Terms and Conditions may not apply to all Users. Where a particular section of these Terms and Conditions applies to a single category of persons, we will indicate the same accordingly. 

Definitions 


“Account”

means the account of a User on the Platform used to access the Services provided on the Platform.

“App”

means the mobile application owned and operated by Poptron, being an e-commerce platform that facilitates Transactions between registered Users.

“Business Day”

means a day on which the banks are open for business in Malaysia, and excludes weekends or public holidays.

“Buyer”

means a User who purchases the Products through the Platform, subject to the Terms and Conditions as herein contained.

“Content”

means information published and/or posted by Users on the Platform, not limited to the format of words, images, and / or sounds.

“Contract”

means the contract entered into between a Buyer and a Seller for the sale of Product(s).

“Direct Dealing Transactions”

means any sale and purchase transaction of Products with another User outside of the Platform and/or without using the payment services provided via the Platform.

Force Majeure

means, and shall include but shall not be limited to acts of God, exceptional adverse weather conditions, floods, droughts, storms, lightning, high winds, typhoons, earthquakes, natural disasters, impact by aircrafts or aerial objects, explosion, fire, war, hostilities, insurgencies, terrorism, civil commotion, national emergency, riots, strikes or lock-outs, industrial disputes, industrial actions by workmen, shortage of labour, Products and materials, acts or regulations of government and political interferences with the activities of any of the parties, outbreaks of infectious diseases, or death or illness of any essential personnel.

“Indemnified Parties”

means Poptron, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees.

“Intellectual Property”

means but is not limited to proprietary content, copyright, trademarks, service marks, brand names, and logos, and where the context permits, includes the Content.

“Intellectual Property Rights”

means all copyright and Intellectual Property rights howsoever arising and in whatever media, whether or not registered, including (without limitation) confidential information, trade secrets, goodwill and reputation, patents, trademarks/service marks, trade names, registered designs, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and/or circuit layout rights and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.

“Minor”

 means persons below 18 years of age.

“Order”

means an offer to purchase a Product placed by a Buyer on the Platform in accordance with these Terms and Conditions and the Policies.

“Platform”

means the Website and/or the App as the case may be.

“Policies”

shall collectively refer to all policies posted on the Platform from time to time (for example, and not limited to, privacy policies, policies related to fraud actions, refunds and returns, conducting off-site transactions, feedback manipulations, and temporary or permanent suspensions of Users).

“Privacy Policy”

means Poptron’s policy relating to the collection, use, disclosure and management of personal data on the Platform, which may be viewed at https://poptron.co/privacy_policy.

“Products”

means a Seller’s products and/or services listed for sale on the Platform.

“Publisher”

Means a User who posts comments, status updates, and/or other Content on the Platform and/or publishes articles on the Platform.

“Seller”

means a User who sells the Products through the Platform, subject to the Terms and Conditions as herein contained as well as the Policies.

“Services”

means services which are offered by Poptron through the Platform to the Users and may include such services, information, and/or functions provided by third-party service providers such as payment gateway services and logistics management services.

“Submission”

means any Content, material, information, expression of opinion, comment, or idea a User posts on or through the Platform, or otherwise transmits to Poptron by any means.

“Terms and Conditions”

means these terms and conditions governing the use of the Platform setting out, among others, the rights and obligations of Users, and includes but is not limited to the Terms of Use, Terms of Sale and Purchase, and our Policies.

“Transaction”

means a sale and purchase transaction of the Products between a Buyer and a Seller which is conducted online via the Platform.

“User”

means a user of the Platform who has registered an Account with the Platform, and includes a Buyer, Seller, and/or a Publisher, who has agreed to be bound by the Terms and Conditions, and who is entitled to use the Platform to purchase Products from and/or sell Products to other Users via the Platform.

“User ID”

Means a unique user identification name selected by a User during Account registration.

“Website”

means the online market place owned and operated by Poptron, and known as “Poptron”, being an e-commerce platform that enables Transactions between Users, having its domain at https://poptron.co/


TERMS OF USE (applicable to all Users)


By accessing the Platform and/or signing up for an Account and/or using and/or continuing to use the Services you affirm that: 

(a) you have read and understood these Terms and Conditions;

(b) you are more than 18 years of age and are fully able and competent and authorised to legally consent and agree to these Terms and Conditions; and

(c) you irrevocably and unconditionally agree to be bound by these Terms and Conditions and any amendments issued by us from time to time. 

If you do not agree to these Terms and Conditions and the Privacy Policy, you must not access and/or use the Platform and/or the Services.

Poptron reserves the right to refuse to provide you access to the Platform or to allow you to open an Account for any reason whatsoever.

Please note that Minors shall be accompanied by the relevant parents, legal guardians and/or representatives when accessing, visiting or browsing the Platform and/or when using the Services. Where the relevant parents, legal guardians and/or representatives have authorised a Minor to download, visit or browse the Platform and/or use any of the Services, the relevant parents, legal guardians and/or representatives shall be fully responsible for: (a) the online conduct of such Minor, (b) the controlling of the Minor’s access to and use of the Platform and the Services, and (c) the consequences of any misuse thereof by the Minor, including but not limited to Transactions entered into by the Minor from such access and use.

Licence Granted


We grant you a non-exclusive, non-transferable, and revocable license to use the Platform, subject to these Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted herein without notice to you. The license for use of this Platform and the Services is effective until terminated. This license will terminate as set forth under these Terms and Conditions or if you fail to comply with any provision of these Terms and Conditions. In any such event, Poptron may effect such termination with or without notice to you.

Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the Seller and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

All proprietary content, trademarks, service marks, brand names, logos and other Intellectual Property of Poptron displayed on the Platform are the property of Poptron and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. 

By using or accessing the Platform you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform 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 Platform or its contents. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website, mobile application, or platform. 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 the Platform).

We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, Content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms and Conditions contained herein and may take any action we may deem appropriate;

(b) prevent or restrict access of any unauthorised User to the Platform and/or the Services; 

(c) report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time, and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

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

Restriction on Content


You agree not to:

(a) upload, post, transmit or otherwise make available any Content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, offensive, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, and / or which infringe or misappropriate the Intellectual Property Rights of Poptron or other third parties; 

(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights, weapons, drugs, or any other illegal products and/or services,  and/or any policy we may have regarding prohibited and restricted items;

(c) use the Platform and/or the Services to harm Minors in any way;

(d) use the Platform and/or the Services and/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 Platform;

(f) remove any proprietary notices from the Platform;

(g) cause, permit or authorize the modification, creation of derivative works of, or translation of the Platform without the express permission of Poptron;

(h) use the Platform and/or the Services for the benefit of any third party or in any manner not permitted by these Terms and Conditions;

(i) use the Platform and/or the Services and/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 and Conditions;

(k) access the Platform, open an Account, or otherwise access an 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 postings and/or listings;

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

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

(o) harvest or collect any information about or regarding other Users, 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 Platform and/or Services or servers or networks connected to the Platform and/or Services and/or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

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

(w) use the Platform and/or 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 Platform and/or Services in violation of or to circumvent any sanctions or embargo administered or enforced by any relevant authority having jurisdiction over such use;

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

(z) infringe the rights of Poptron and/or other Users, including any Intellectual Property Rights and any passing off thereof;

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

(bb) list Products and/or post Content which infringe upon the Intellectual Property Rights of third parties or use the Platform and/or Services in a manner which will infringe the Intellectual Property Rights of others; and/or

(cc) copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.

You shall not use the Services, access and/or manipulate the Platform in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:

(a) transferring your Account and User ID to another party and/or allowing access by a third party to your Account and User ID without our express written consent; 

(b) directly entering into and completing any Direct Dealing Transactions; 

(c) exploiting or attempting to exploit any benefits provided by Poptron, (including but not limited to discounts and/or promotions) by signing up for multiple Accounts and/or submitting an Order with no intention to complete the Transaction; 

(d) manipulating the price of any Product or interfering with other Users’ listings; and/or

(e) taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Platform or using it for purposes unrelated to the Platform).

You shall conduct yourself in accordance with good public order and morals, and shall refrain from the following conduct on the Platform:

(a) persistently raising complaints without any reasonable grounds or justification; 

(b) repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; 

(c) engaging in behaviour which violates public order or is destructive to generally accepted customs or norms; and/or

(d) engaging in any behaviour and/or conduct which may be determined as unacceptable by us in our sole and absolute discretion.

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 Poptron, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Platform. You understand that by using the Platform, 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 Poptron 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 Platform.

You acknowledge that Poptron 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 Platform. Without limiting the foregoing, Poptron and its designees shall have the right to remove any Content: 

(a) that violates these Terms and Conditions; 

(b) if we receive a complaint from another User;

(c) if we receive a notice of Intellectual Property infringement or other legal instruction for removal; and/or 

(d) 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 Poptron or submitted to Poptron, including, without limitation, information in all other parts of the Platform.

You acknowledge, consent to and agree that Poptron 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 Poptron 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 and Conditions; 

(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 Poptron, its Users and/or the public.

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

Please report to Poptron should you be asked to enter into any Direct Dealing Transactions. Poptron shall not be responsible for any problems or issues suffered by any User arising in relation to such Direct Dealing Transaction

Intellectual Property


All Intellectual Property Rights, whether registered or unregistered, in and to the Platform, content uploaded by Poptron to the Platform and all the Platform design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysian copyright laws and international conventions. All rights are reserved.

No part or parts of the Platform, (including Intellectual Property thereon) may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant Intellectual Property owners. 

Nothing in these Terms and Conditions shall be construed or deemed as granting or providing to you any right, license, interest or permission to deal with any Intellectual Property in any way including, without limiting the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use any of Poptron’s Intellectual Property in an unauthorised manner. You may not use any of Poptron ‘s Intellectual Property without the prior written consent of Poptron. Except as otherwise permitted by applicable law, any publication of any copyright work and/or Product are strictly prohibited without the written consent of the relevant owner of Intellectual Property Rights thereto.

Notwithstanding the provisions of these Terms and Conditions above, Poptron shall be entitled to commence legal proceedings for the purposes of protecting its Intellectual Property Rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

You shall ensure that all Content including without limitation listings, information, specifications, photographs, and Products for sale as supplied or provided by you on the Platform do not infringe or violate any Intellectual Property Rights. You shall also ensure that the use of such Intellectual Property Rights is with the prior, approval or consent of Intellectual Property Rights owner or intellectual Property Rights subsisting in any part of the world belonging to third parties.

You acknowledge that You have sole responsibility for the use of any third party Intellectual Property Rights included in the Content.

You shall notify Poptron as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to Poptron, its directors and employees and / or the Platform arising from your use of any Intellectual Property Rights shall be fully compensated by you.

By submitting Content for inclusion on the Platform, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Poptron. 

You, as a User, further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Platform, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with any Content. You hereby grant Poptron 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, and publicly display such Content on, through or in connection with the Platform in any media formats and through any media channels and/or platforms, including, without limitation, for promoting the Platform and/or the Services and redistributing part of the Services (and its derivative works) without the need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. To the extent such waiver is not permitted by law, you hereby irrevocably and unconditionally consent to the use, treatment, alteration, removal or destruction and attribution of the Content as deemed appropriate by Poptron and/or Poptron’s successors, assignee and respective licensees and any persons who are authorised by Poptron or by such licensee or successor in title to do acts comprised in the copyright, which would otherwise be deemed an infringement of moral rights. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

Any Submission is not considered confidential by Poptron and may be disseminated or used by Poptron without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Accordingly, you acknowledge and agree that you have no expectation of privacy with respect to Submissions which you submit via the Platform, as they may be viewed and/or accessed by other Users of the Platform and/or the general public.

By making a Submission to Poptron, you acknowledge and agree that Poptron 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 Poptron 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, and publicly display any Submission on, through or in connection with the Platform in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Platform and/or 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 Platform.

Each contributor to the Platform of any Submission is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with their Submission. As such, Poptron is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with any Submission. You will not hold Poptron responsible for any User’s actions or inactions relating to a Submission, including, without limitation, things they post or otherwise make available via the Platform.

Amendments


Poptron reserves the right to modify, update, and/or amend these  Terms and Conditions at any time at its sole and absolute discretion. All modifications, updates or amendments will be posted on the Platform and shall be effective and binding upon posting onto the Platform. You are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform. You should therefore read these Terms and Conditions carefully each time you visit the Platform.

Please cease to use the Platform if you are not agreeable to any amendments or modifications of the Terms and Conditions.

Poptron does not take any responsibility,  nor does Poptron agree to indemnify you for losses you suffer arising from the modifications, updates or amendments of the Terms and Conditions or your own failure to keep yourself updated on the modifications, updates or amendments of the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer arising therefrom.

Privacy / Personal Data


For a complete description of how Poptron uses and protects a User’s personal data, please refer to our Privacy Policy.

By continuing to access the Platform and using the Services, you are deemed to accept the terms of the Privacy Policy, as amended and updated from time to time. 

Suspension of services


Poptron may restrict or temporarily suspend the access to the Platform and/or the provision of all or part of the Services to you in the event such Services and/or access to the Platform are unable to be provided due to:

(a) maintenance work on the Platform and/or the Services; 

(b) the occurrence of power or communications outage;

(c) technical problems on the part of our third-party suppliers or partners;

(d) the occurrence of a natural disaster, act of terrorism or other Force Majeure events; and/or

(e) any other reason(s) that Poptron may deem necessary for such suspension.

Upon the suspension of the Services, Poptron may post a notification on the Platform on the suspension of the Services as soon as reasonably practicable.

Poptron cannot guarantee continuous or secured access to the Services and/or the Platform, and operation of the Services and/or the Platform may be interfered with by numerous factors outside of Poptron’s control.

Poptron shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with these Terms and Conditions.

Poptron reserves the right to, without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

Claims from a Third Party 


Where you have received claims from a third party that your Submissions infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, you shall to the furthest extent possible exempt and not involve Poptron, its directors and employees, and the Platform from and in such claims.

Disclaimer


Poptron does not control the behaviour of Users or the information provided by Users that is made available on the Platform. Consequently, Poptron does not provide any guarantees with regard to the Transactions undertaken by Buyers and Sellers, and does not warrant:

(a) the existence, quality, completeness, appropriateness, safety or legality of any Product;

(b) the veracity of any intent to sell or purchase a Product by a Buyer or Seller;

(c) whether a Product infringes the rights of any other third party;

(d) the truthfulness, accuracy or legality of any information posted by a Seller or a Buyer in respect of a Product; and/or

(e) that all Transactions will be completed.

Any liabilities and risks relating to Transactions undertaken between a Buyer and a Seller shall be borne by the relevant parties. As such, before proceeding with any transaction on the Platform, you must make your own independent assessment and determination regarding the statements, Product descriptions, the representations of the other party and the party’s ability to pay for or deliver the Products offered and specific terms and conditions imposed by Sellers regarding refunds, exchanges and returns (if any).

Minors cannot purchase any Products without the consent of their parents or legal guardians. Any Transaction entered into without such consent may be cancelled by Poptron or the parents or legal guardian of such Minors, as the case may be.

Liability


You will not hold Poptron responsible for other Users’ Submissions, actions or inactions, or Products listed by Users, including Content they post.

You understand and agree that Transactions between you and Users on the Platform are deemed to be private contractual arrangements between you and such Users, and Poptron is not a party to, and is not an agent for and does not represent the Users or you in such Transactions, and has no authority to act for either party. Poptron is only responsible for operating and managing the Platform and making reasonable efforts in order to maintain efficient Services on the Platform. Accordingly, whether in your capacity as a Buyer or a Seller (as the case may be), you shall be solely and directly responsible for all liabilities related to Transactions entered into between you and other Users and in relation to any information provided by you to other Users and vice versa.

Poptron and the Platform have no control over and does not guarantee the quality, safety or legality of Products advertised, the truth or accuracy of a Seller’s content or listings, the ability of any User to sell or purchase Products or that any Transaction will be successfully completed.

No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Poptron. 
Any description given of the Products is given by way of identification only and the use of such description shall not constitute a sale by description. 

Poptron shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by a Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow a Seller’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without a Seller’s approval. 

Poptron and the Platform does not transfer legal ownership of Products from a Seller to a Buyer. Unless a Buyer and Seller agree otherwise, the Buyer will become the Product’s lawful owner upon the physical receipt of the Product from Seller.

If you have a dispute with one or more Users, you hereby release Poptron, and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Accordingly, to the extent that is legally permitted, Poptron excludes all implied warranties, terms and conditions. Poptron is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Platform and/or the Services.

Poptron does not guarantee the quality, safety or legality of the Products, the truth or accuracy of the content or listings of Sellers and other Users on the Platform or that a Seller or Buyer will actually complete a particular Transaction.

Poptron assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Platform and under no circumstances will Poptron be liable for any loss or damage by your reliance on information obtained through the Platform. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the Platform is solely at your own risk.

Poptron shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the sale, purchase, delivery, supply or use of the Products and/or the Services, particularly where such Services and/or parts thereof are provided by third party service providers. Under no circumstances will Poptron be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of a User or whether in action for contract, breach of warranty, tort or otherwise.

Poptron is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Poptron’s prior written approval and the Buyer shall indemnify Poptron against each loss liability and cost arising out of such claims.

Poptron shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Products has not been paid in cleared funds.

Poptron shall be under no liability whatsoever in respect of any defect in the Products.

Where there is any defect in the quality or condition of the Products or where the Products fail to correspond with specification, Buyer may apply to return the defective and/or damaged Products to Seller in exchange for a replacement or a refund in accordance with a Seller’s Return and Refund Policy, as well as Poptron’s overarching Return and Refund Policy.

Third-party links and/or widgets provided throughout the Platform will let you leave the Platform. These links and/or widgets are provided as a courtesy only, and the websites and/or platforms they link to are not under the control of Poptron in any manner whatsoever and you therefore access them at your own risk. Poptron is in no manner responsible for the contents of any such linked website or platform, or any link contained within a linked website or platform, including any changes or updates to such website or platform. By using the Platform, you agree that Poptron shall not be liable in any manner due to your use of, or inability to use, any third party website, platform, or widget. You further acknowledge and agree that Poptron may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms and Conditions.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE PLATFORM, OR FROM A LINKEDWEBSITE AND/OR PLATFORM IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR WHETHER IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. POPTRON HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS PLATFORM; HOWEVER, POPTRON ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS WHATSOEVER IN THE INFORMATION PROVIDED IN THIS PLATFORM. UNDER NO CIRCUMSTANCES WILL POPTRON BE LIABLE FOR ANY LOSS OR DAMAGE TO THE USERS CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS PLATFORM. IT IS THE USERS’ RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS PLATFORM IS SOLELY AT YOUR OWN RISK.

POPTRON SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS PLATFORM. SPECIFICALLY, YOU AGREE THAT POPTRON IS NOT LIABLE OR RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. SPECIFICALLY, YOU ALSO AGREE THAT POPTRON IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND / OR INCLUDED IN THIS PLATFORM BY ANY THIRD PARTY. IN NO EVENT SHALL POPTRON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (a) RELIANCE ON THE MATERIALS PRESENTED, (b) COSTS OF REPLACEMENT PRODUCTS, (c) LOSS OF USE, DATA OR PROFITS, (d) DELAYS OR BUSINESS INTERRUPTIONS, (e) NEGLIGENCE, (f) AND ANY THEORY OF LIABILITY, OUT OF OR IN ARISING CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS PLATFORM, WHETHER OR NOT POPTRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity 


You agree to indemnify, defend and hold harmless Poptron, and its 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 Platform, or any dispute in relation to such Transaction;

(b) the hosting, operation, management and/or administration of the Services and/or the Platform by or on behalf of Poptron; 

(c) your violation or breach of any term of these Terms and Conditions or any policy or guidelines referenced herein;

(d) your use or misuse of the Services and/or the Platform; 

(e) your breach of any law or any rights of a third party; and/or 

(f) any Submission contributed by you.

Force Majeure


Poptron shall not be liable to any party for any delay in or failure to provide access to the Platform and/or the Services due to any event of Force Majeure. 

Notices


Unless otherwise stated herein, all notices to Poptron pursuant to these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered post to the following address: Poptron Malaysia Sdn. Bhd, MOX,  Level 4, Sunway Putra Mall, 100, Jalan Putra, Chow Kit, 50350 Kuala Lumpur, Federal Territory of Kuala Lumpur or sent via e-mail to notices@poptron.co. Notices to Poptron via email shall be effective on the date of transmission provided that it shall be sufficient to show that the email has been despatched with the appropriate delivery receipt received to prove that such e-mail has been duly sent.

Notices and/or demands to you personally, or despatched by prepaid registered mail, or transmitted by facsimile or email to the addresses provided by you to Poptron. Notices from Poptron to you shall be effective: 

(a) if delivered personally, on the date of delivery;

(b) in the case of domestic mail, if transmitted by prepaid registered mail, on the date falling seven (7) days after posting; provided that it shall be sufficient to show that the envelope containing such notice or information was properly addressed and sent by prepaid post and that it has not been so returned to the sender, to prove that such notice or information has been duly sent;

(c) in the case of international mail, if transmitted by prepaid registered air-mail, on the date falling fourteen (14) days after posting; provided that it shall be sufficient to show that the envelope containing such notice or information was properly addressed and sent by prepaid post and that it has not been so returned to the sender, to prove that such notice or information has been duly sent;

(d) if transmitted by facsimile, on the date of transmission, provided that it shall be sufficient to show that the facsimile has been despatched with the appropriate delivery receipt received to prove that such facsimile has been duly sent; and

(e) if transmitted by e-mail, on the date of transmission.

Severability


These Terms and Conditions operate to the fullest extent permissible by law. If any provision (or any part thereof) of these Terms and Conditions shall be deemed illegal, unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision (or any part thereof) 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.

Governing Law and Jurisdiction


The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, and any claims or disputes of whatever nature shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.