Merchant Agreement

Clause 1 - Purpose

The purpose of this is to clarify Merchant Agreement the rights and obligations of Merchants WHO have registered themselves as Merchant Members in (the "Website") operated by Anise Asia Cloud Sdn. Bhd. ("ALTTIJARA") and all services provided by the Website and ALTTIJARA. Prior to this Merchant Agreement, Merchant Members must also accept Terms & Conditions of the Website. By accepting this Agreement Merchant, Merchant agrees that this Merchant Agreement, Terms & Conditions, and Privacy Policy determined by ALTTIJARA will apply Whenever Merchant Member uses the Website and other related services, or at any occasions Merchant Member uses the tools made available by ALTTIJARA.

Clause 2 - Accounts

In using the Website, Merchant Member is responsible for maintaining the confidentiality of Merchant Member's own account and password, and for restricting unauthorized access to Merchant Member's account.

Merchant Member hereby agrees to accept responsibility for all activities that occur under the Merchant Member's account. Merchant Members will have access to the basic facilities as follows:

a. Merchant Rating is the score given by ALTTIJARA to Merchant Members based on the transaction value in 1 (one) shopping cart. Depending on the Policies determined by ALTTIJARA, Merchant Rating may not only be accumulated but also be deducted. The accumulated score determines Merchant's status, shown by Merchant Grade.

a. Merchant classification of Grade is determined by Merchant Members Rating and Sales Amount Obtained by now during the previous month.

If a member is under 18 years old at the time of the member registration, such member will not be allowed to use this Website as a Merchant Member, as stipulated in this Agreement. ALTTIJARA reserves the right to refuse service, terminate accounts, remove or edit the contents, or cancel orders in its sole discretion. Without limiting other remedies, ALTTIJARA may limit suspend, or terminate the Website, its service and user accounts, prohibit access to the Website and its contents, delay or remove hosted contents, and take technical and legal steps to keep users off the sites, based on ALTTIJARA's sole discretion. It is considered that Merchant Member is creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, in breach of any of the Terms and Conditions or this Agreement or acting inconsistently with the letter or spirit of ALTTIJARA Policies (for example, and without limitations, Policies related to fraud actions, conducting off-site transactions, feedback manipulations, circumventing temporary or permanent suspensions or users who we believe are harassing the employees of ALTTIJARA or other users).

Additionally, ALTTIJARA may suspend or terminate the accounts of any Merchant Members who may be recurring infringers of intellectual property rights of third parties. Also, ALTTIJARA reserves the right to cancel accounts that have been inactive for 6 (six) months, in accordance with the Policies as determined by ALTTIJARA. While using this Website as a Merchant Member, Merchant Member will not:

a. Post inappropriate content or products in the categories or areas on the Website or services;

b. Violate any laws, third party rights, or Policies such as the Prohibited and Restricted products Policies;

c. Use the Website or services as a Merchant Member if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Website;

d. Manipulate the price of any product or interfere with other user's listings;

e. Circumvent or Manipulate the fee structure, the billixng process, or fees owed to ALTTIJARA;

f. Post false, inaccurate, misleading, defamatory, or libellous content (including personal information);

g. Take any action that may undermine the feedback or ratings systems;

h. Transfer your account to another party without ALTTIJARA's consent;

i. Distribute or post spam, chain letters, or pyramid schemes;

j. Distribute viruses or any other technologies that may harm the Website, or the interests or property of users of the Website;

k. Copy, modify, or distribute the contents from the Website and ALTTIJARA's copyrights and trademarks; or

l. Harvest or otherwise collect information about users, Including but not limited to email addresses, without Reviews their consent; or

m. Use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, or other policy holds Consequences as regulated by ALTTIJARA.

Violations of this Agreement may result in a range of actions, Including but not limited to:

  1. Listing Cancellation
  2. Loss of Settlement Amount
  3. Limits placed on account privileges
  4. Loss of "Grade Merchant" status,
  5. Account suspension / termination,
  6. Criminal charges and/ or claims for damages.

Clause 3 - Service Fees

Joining ALTTIJARA is free. However, ALTTIJARA Merchant Member does charge a number of service fees for completed transactions reviews such as Transaction Fee, various service fees for marketing and promotion features, and other service fees as determined by ALTTIJARA as stipulated in ALTTIJARA's Fees Schedule. When a Merchant Member uses a product or a service that has a fee, the Merchant Members will have an opportunity to review and accept the fees that will be charged upon them for the transaction they are about to make, as stipulated in ALTTIJARA's Fees Schedule. All service fees are subject Goods and Service Tax (“GST”) and other taxes under all applicable laws and regulations, and ALTTIJARA may charge the Merchant Members such GST and other taxes additionally. Merchant Member agrees that service fees and taxes may be paid by deduction from the purchase value paid by Customers or by other methods agreed by the Merchant in accordance with the Policies determined by ALTTIJARA.

Clause 4 - Merchant Member Obligation

Merchant Member will properly manage and ensure that relevant information such as the price and the details of products, inventory amount and terms and conditions for sales is updated through the Website and will not post inaccurate information.

The price of products for sale will be determined by Merchant Member at his/ her own discretion. Merchant Members may wish to take into consideration all relevant factors including but not limited to Transaction Fees, Shipping Cost and other service fees. The settlement amount (before deducting there from any service fees) payable to a Merchant Member for a sales call now will be determined by the Merchant at his/ her own discretion based on the price of the products and Transaction Fee. The price of a product and shipping cost will include the entire amount to be charged to Customers such as sales tax, GST, tariffs, etc., if any, and Merchants will not charge Customers reviews such amount additionally and separately.

Members agree that ALTTIJARA Merchant may, at its discretion, engage in promotional activities for and on behalf of the Merchant Members to induce transactions between Customers and Merchants Members by reducing, discounting or refunding the Transaction Fee and other service fees, or in other ways. In no event, such adjustment of Transaction Fee and other service fees will affect the originally determined settlement amount payable to Merchant Members. The final price that Customers will actually pay will be the price that such adjustment is applied to.

For the purpose of promoting the sales of products listed by Merchant Members, ALTTIJARA may post such products, at an adjusted price, on third-party websites, such as portal sites and price comparison sites, and other websites, whether it's domestic or foreign, operated by ALTTIJARA and/ or its affiliates. Merchant Members will issue receipts or tax invoices to Customers on request, if such issuance is required under the laws of Malaysia.

Clause 5 - Intellectual Property Rights

Merchant Members will ensure that all contents including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by Merchant Members on the Website do not infringe or violate trade mark rights, 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 all various other intellectual property rights subsisting in any part of the world belonging to third parties.

Merchant Members will also ensure that the use of such intellectual property rights is with the prior, approval or consent of Intellectual Property Rights owner. Should there be any complaints or alleged claims of infringement or violation of intellectual property rights made by any Third Party against the Merchant Members’ use of Intellectual Property Rights on the Website, ALTTIJARA may at its sole discretion without notice to the Merchant Member take down the listing, information, specification and/ or photograph complained of and suspend sales of the Merchant Member’s corresponding product until such time ALTTIJARA at its sole discretion deems that evidence provided is sufficient to prove that the complaints and/ or alleged claims are invalid.

In order to boost sales, information regarding products and services provided by Merchant Members on the Website may be disclosed to ALTTIJARA's affiliated third parties, including websites owned by and/ or affiliated to such third party, as well as blogs belonging to other members of the Website where disclosure of information is by another member on their blog, such disclosure could only be done in accordance to the methodologies prescribed by ALTTIJARA in the policies and is subject to the agreement of the member who wishes to disclose another member’s information to the policies set by ALTTIJARA.

Merchant Members will indemnify and hold harmless ALTTIJARA and its directors and employees from all actions, claims and demands which may be instituted or made against the Merchant Members arising from the Merchant Member’s use of Intellectual Property Rights or violation of any applicable intellectual property laws. Merchant Member has received claims from third party that their postings made on the Website 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, Merchant Members will to the extent possible exempt and not involve ALTTIJARA, its directors and employees, and the Website from and in such claims.

Merchant Members will notify ALTTIJARA 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 ALTTIJARA, its directors and employees and/ or the Website arising from the Merchant Member’s use of any Intellectual Property Rights must will be fully-compensated by the Merchant Member. Merchant Members will not, during or after the expiry or termination of this Agreement, use the name “ALTTIJARA” (a) in or as the whole or part of its own trademarks, domain names and/ or trade names; (b) in a manner which may be confusing, misleading and/ or deceptive; and (c) in a manner that disparages ALTTIJARA.

Clause 6 - Product

Merchant Members warrant that the product and service listed on the Website are genuine, authorised, legitimate, do not infringe the Intellectual Property Rights of any third party, and do not violate any applicable and prevailing laws and/ or norms Merchant Members will immediately furnish evidence upon request that Member Merchant Member is the owner and/ or is allowed permitted and/ or authorised to use intellectual property rights embedded in or used in conjunction with the Product or services listed on the Website. Merchant Members further warrant that the postings of the products or services, and the products or services sold are only Halal and Shariah compliance with all applicable Malaysian laws, including the Consumer Protection Act 1999, Food Act 1983 and the Sale of Drugs Act 1952 . Merchant Members will immediately furnish evidence, such as a copy of current Halal certification on required categories, other relevant certificate or licence issued under Malaysian laws, upon request that he/ she has complied with the relevant legal requirements. For products without any relevant certification, ALTTIJARA allows the Merchant Member to publish it on the Website for 6 (six) months only from the date of approval.

If the Merchant Member violates any of its warranty as provided in this Article 6 and/ or other Policies as determined by ALTTIJARA, ALTTIJARA has the right to terminate or cancel this Agreement immediately without notice to Merchant Members, and to cease all kind of advertisement listing, information, specifications, photographs, and/ or announcement with regards to Merchant Members along with the Product (s) related to Merchant Member's account and has the right to demand payment from the Merchant Members of any cost and losses incurred by ALTTIJARA.

Clause 7 - Delivery

On receipt of the payment from the Customer, ALTTIJARA will notify the Merchant Members of the paid order. Merchant Members should then confirm that they have received the corresponding order within 3 (three) business days and take necessary actions for delivery. If the Merchant Member fails to do so, ALTTIJARA will be given the option to cancel the corresponding order. Merchant Members should ship and enter delivery information including the name of the delivery company, the tracking number, and other particulars pertaining to the order through the Website within 5 (five) business days after the date of the confirmation, excluding pack and pick Method.

If the Merchant Member fails to do so, ALTTIJARA may deduct the Merchant Rating and reserve full authority to give the option to the Customer to cancel the transaction before the Product has been shipped. ALTTIJARA will not be responsible or liable for any losses or damages to the corresponding Merchant Member such due to cancellation.

For pack and pick method, Merchant Members must input the date when the Product will be ready. Once the Product is ready, the same policy with regular orders will apply. If Merchant Member fails to do so, ALTTIJARA reserves the right to cancel the transaction and will not be responsible or liable for any loss or damages to the Merchant Member due to such cancellation.

For direct delivery method, Merchant Members will take actions for the Customer to receive product within the time period specified by Merchant Member on the product detail page. If Merchant Member fails to do so, ALTTIJARA may cancel the transaction and will not be responsible or liable for any losses or damages to the Merchant Member such due to cancellation. Merchant Member will take all reasonable actions for the Customer to receive the Product within the time period specified on the product detail page.

If Merchant Member fails to deliver the Product within such period or the Product was not received by the Customer due to, reasons not attributable to the Customer, such as delivering to wrong address, the Merchant Member will bear all liabilities relating thereto.

If any transaction is cancelled due to, reasons attributable to the Merchant, e.g. unavailability of the Products, ALTTIJARA may take necessary actions against the Merchant.

ALTTIJARA may, at its option, provide overseas delivery service and other services relating to delivery in association with third-party service providers. The delivery method and provisions stipulated in this Article will comply and be in accordance with the Policies as determined by ALTTIJARA. In the event of any express conflict or difference(s) between this Article and the Policies, the Merchant Member hereby agrees with ALTTIJARA that the Policies will prevail.

Clause 8 - Cancellation, Exchange, Return, and Refund

Customers may cancel purchases at any time before the Product status is in "Preparing for delivery". Once the purchased Product is in "Preparing for delivery" status, cancellation will be subject to Merchant Member's approval and ALTTIJARA Member's Policies. Once Product is in "Delivery" status, such purchase will be subject to a return process in accordance with ALTTIJARA's Policies.

In the event that there is any disagreement between the Merchant Members and ALTTIJARA regarding this matter, the Policies will prevail Customers may request for the return, exchange or refund of the Product at any time within 7 (seven) business days from the date of receipt. With respect to a return-related matters, the relevant Regulations and Policies will prevail over the terms and conditions suggested by the Merchant Member. After receiving returns or exchange requests from Customers, Merchant Members must respond by expressing in writing either approval or denial within 5 (five) business days to the Customer and/ or ALTTIJARA. Should the Merchant Members fail to do so, ALTTIJARA may assume that the Merchant Member has accepted to the Customer’s request and will automatically proceed with the refunds or exchange. Once the request for returns or exchange has been followed up by the Merchant Member and the Merchant Member have received the Products returned by the Customer, Merchant Members may postpone refunds or exchange if there is a need to check for any delivery fee settlement from the Customer or, whether free gift has been returned and should there be a justifiable reason, Merchant Member may reject returns. Upon this request, ALTTIJARA's Customer Service Centre will confirm the situation with the Merchant Members and proceeds towards carrying out suitable actions for refunds in accordance with applicable and specific Policies that are relevant except in the case where the Merchant Member wishes to dispute Customer’s return of the Products and request for refunds or exchange, ALTTIJARA may postpone refunds if Merchant Members request to postpone refunds by providing evidence on suitable reason.

For pack and pick method, if the Customer sends the Product for returns to ALTTIJARA due to good causing and if delivery to the designated recipient is impossible including but not limited to loss of contact with Merchant Member, the Customer will notify ALTTIJARA and ALTTIJARA’s shipping company will pick-up the Product within 5 (five) business days. If the Merchant Members do not respond within 5 (five) business days, ALTTIJARA may permanently dispose the corresponding Product. Should there be any fault or any safety concerns with the Product, ALTTIJARA will require the Merchant Members to recall its entire stock and to repair, exchange, refund, and all costs will be borne by the Merchant Member.

Returns costs will be borne out by the party attributable to the returns request, such as:

a. Customer, where the returns is due to his/ her change of mind and

  1. Merchant Member, where the returns is due to the defects in the Product, delivery delay by Merchant, and/ or delivery of the wrong or different product.

For exchange of the Product (s) due to defects in the Product or if the wrong/ different Product was sent to the Customer, the Customer must return the Product to the Merchant Members and acknowledge ALTTIJARA for return details including tracking number. The Merchant Members will deliver the replacement Product to the Customer after the Merchant receives Member Reviews such defect or wrong product from the Customer. Merchant Member is obligated to use shipping company that provides tracking system and Merchant Members must inform the tracking number to the Customer. For exchange of the Product (s) due to the Customer's change of his/ her mind, the exchange must be pre-approved by ALTTIJARA.

Customer is not allowed to return or exchange Products belonging to the following Product categories, UNLESS the Product is defective, malfunctioning or was wrongly delivered:

  1. Products Delivered from Overseas
  2. Swimsuit
  3. Beauty Products
  4. Fragrances
  5. Food, Including Perishable and Non-Perishable.

Clause 9 - Settlement

Merchant Member will submit personal/ business identification information such as a copy of Identity Card (My Kad) or necessary business licences or company documents or 3 (three) months utilities statement as requested by ALTTIJARA and bank account information together with documents, as required by ALTTIJARA, evidencing that the bank account is owned by and in the name of the Merchant Members when completing the Merchant registration. Merchant Members will not claim against ALTTIJARA for damages, other than those stipulated in the Policies as determined by ALTTIJARA. The amount payable by ALTTIJARA to the Merchant Members for any completed transactions through the Website is the Settlement Amount. The Settlement Amount will be calculated by deducting all service fees from the amount paid by the Customers and direct transfer to Merchant Member's bank account. The Settlement Amount will be paid in the following method within 10 (ten) business days from the completion date of the Product delivery as stated in the Website.

Notwithstanding the provision of this Article, Settlement as stipulated in this Article will comply with the Policies as determined by ALTTIJARA.

Clause 10 - Privacy Protection

ALTTIJARA views protection of Customers and Merchants Member (the "User") privacy as a very important community principle. User information is stored and processed on computers protected by physical as well as technological security devices. ALTTIJARA do not sell or lease-out Merchant Member's personal information to third parties for marketing or business reviews their purposes without consent from the Merchant Members. Usage of Merchant Member information will be limited to purposes as described in the Terms & Conditions and other Policies as determined by ALTTIJARA. Merchant Members can access and modify the information-provided to ALTTIJARA and choose not to receive on certain communications by signing-in to Merchant Member's account in the Website. ALTTIJARA may use third parties to verify and certify ALTTIJARA's privacy principles.

For a complete description of how ALTTIJARA Reviews such use and protect information, please see ALTTIJARA Privacy Policy. If Merchant Member objects to your information being transferred or used in this way, please do not use the Website and other services offered by ALTTIJARA. For the avoidance of doubt, has reasonable grounds if ALTTIJARA to believe that any User is in breach of any of the terms of this Agreement and/ or the Terms & Conditions and/ or other Policies as determined by ALTTIJARA.

ALTTIJARA reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/ or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, ALTTIJARA may disclose the User's identity and contact information, or Reviews such other transaction-related data if requested by a government or law enforcement body, private investigators, rightful owner or interest holder and/ or any Injured third party or as a result of a subpoena or other legal action, or if ALTTIJARA is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. ALTTIJARA will not be liable for damages or results arising from Reviews such disclosure, and the user(s) agrees not to bring an action or claim against ALTTIJARA for Reviews such disclosure. By agreeing to this Merchant Agreement, the Merchant Members consent that the personal information collected will be processed in accordance with the Privacy Policy.

Clause 11 - Content

Merchant Members may post reviews, comments, photos and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise Injurious to third parties or objectionable and does not Consist of or Contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."

Merchant Members may not use false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin or other content. ALTTIJARA reserves the right, but not the obligation, to remove or edit reviews such content, but does not regularly review posted content. If a Merchant Member posts content or submit a material, and UNLESS ALTTIJARA indicates otherwise, the Merchant Member is deemed to have a granted ALTTIJARA a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Merchant Members are deemed to have granted ALTTIJARA and sublicences the right to use the name that Members submit Merchant in connection with such content, if they choose. Merchant Members represent and warrant that Merchant Members own or otherwise control all of the rights to the corresponding contents posted by Themselves in the Website; that the content is accurate; that use of the content supplied does not violate the Policies and will not cause injury to any person or entity; and that the Member will indemnify Merchant for all claims ALTTIJARA the resulting from content supplied. ALTTIJARA has the right but not the obligation to monitor and edit any activity or content. ALTTIJARA takes no responsibility and assumes no liability for any content posted by Merchant Member or any third party.

Clause 12 - Other Businesses

Parties other than ALTTIJARA may operate stores, provide services, sell products or list advertisement on the Website and this site may link to sites of affiliated companies and on certain other companies. ALTTIJARA is not responsible for examining or evaluating, and also does not provide any representations or warranties the Products or businesses or individuals or the contents of their Websites. ALTTIJARA does not assume any responsibility or liability for the actions, Product and contents of any such affiliated companies and any other third parties. Merchant Members should also carefully review the privacy policy and the statements and other conditions of use of such links.

Clause 13 - Release

If a Merchant Member has Disputes with one or more users, the Merchant Members hereby releases ALTTIJARA, 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.

Clause 14 - Access and Interference

The Website contains robot exclusion headers. Much of the information on the sites is updated on a real time basis and is proprietary or is licenced to ALTTIJARA by Website users or third parties. Merchant Members agree that not to use any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission ALTTIJARA's. Additionally, Merchant Members agree that they will not:

a. Take any action that imposes or may impose, in ALTTIJARA's sole discretion, an unreasonable or disproportionately large load on the Website's infrastructure;

  1. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for Merchant Member's own Information, from the Website without the prior written permission of ALTTIJARA expressed and the name of third party, as applicable;
  2. Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
  3. Bypass ALTTIJARA robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

Clause 15 - Indemnity

Merchant Members hereby indemnify and hold ALTTIJARA, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys' fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of Merchant Member's breach of this Agreement, or Merchant Member's violation of any law or the rights of a third party.

Clause 16 - No Warranties

Merchant Members will not hold ALTTIJARA responsible for other Users' content, actions or inactions, or Product listed by Users, including content they post. Merchant Members acknowledge that ALTTIJARA and the Website is not a traditional online shopping service provider or Auctioneer. Instead, ALTTIJARA and the Websites provide an electronic marketplace Customer and Merchant Members to carry out transactions between Customers and Merchants Members. ALTTIJARA is only responsible for operating and managing the Website and making reasonable efforts in order to maintain efficient services on the Website. ALTTIJARA and the Website are not involved in the actual transaction between Customers and Merchant Members.

ALTTIJARA and the Website have no control over and do not guarantee the quality, safety or legality of products advertised, the truth or accuracy of users' content or listings, the ability of Merchants to sell products Members, the ability of Customers to pay for Product, or that a Customer or Merchant Members will actually complete a transaction. ALTTIJARA and the Website do not transfer legal ownership of products from Merchant Members to the Customer. Unless Customers and Merchants Members agree otherwise, the Customer will become the Product's lawful owner upon physical receipt of the Products from the Merchant Member.

ALTTIJARA cannot guarantee continuous or secured access to our services, and operation of the Website may be interfered with by numerous factors outside of ALTTIJARA's control. Accordingly, to the extent that is legally permitted, excludes all implied warranties ALTTIJARA, terms and conditions. ALTTIJARA is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of Merchant Members use of the Website and services.

All materials, information, software, products, services and other content contained in this Website, or from a Linked Site obtained provided is to the Member "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. ALTTIJARA has made reasonable efforts to post current and accurate information on this Website. However, ALTTIJARA assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information provided in this Website. Under no circumstance will ALTTIJARA be liable for any loss or damage by the Member’s caused by reliance on information obtained through this Website. It is the Member’s responsibility to evaluate the accuracy, completeness or usefulness of any information provided and use of this Website is solely at the Member’s own risk some jurisdictions do not allow the exclusion of certain warranties; so the above exclusions limitations or not apply to some Member.

Clause 17 - Limitation of Liability

Specifically, Merchant Member agrees that ALTTIJARA will not be responsible for unauthorised access to or alteration of their transmissions or data any material or data sent or received or not sent or received, or any transactions entered into through this Website. Specifically, Merchant Member agrees that ALTTIJARA 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, Merchant Members also agree that ALTTIJARA is not responsible for any content sent using the communication services and/or included in this Website by any third party in no event will ALTTIJARA 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: (1) Reliance on the materials presented, (2) Costs of replacement products, (3) Loss of use data, or profits, (4) delays or business interruptions, and (5) any theory of liability, out of air in arising connection with the use of, inability or to use this Website whether or not ALTTIJARA has been advised of the possibility of such damages.

Clause 18 - Termination

This Agreement will be terminated forthwith by either Party by written notice in any of following events:

a. If Merchant Member's membership status in the Website is terminated and/ or revoked; or

  1. If the other will be in breach of any of the terms and conditions of this Agreement and/ or the Terms & Conditions and/ or Policies and fails to remedy the same within 60 (sixty) calendar days of being required by the other Party in writing; or
  2. If either Party is Unable to pay its debts or a petition for winding up is presented or it goes into liquidation or judicial management or compounds with its creditors or a receiver Generally is appointed over all or any part of its assets or suffers any execution over Reviews such assets. However, the Parties agree that either Party will be Entitled to undergo reorganization and/ or amalgamation etc. and the other Party will not be entitle to terminate this Agreement on account of reorganization and/ or amalgamation; or
  3. If either Party can not comply with, or obtain or maintain any necessary authorizations, licences or registrations required for the performance of its duties as stipulated hereunder; or
  4. If either Party negligently or wilfully does anything that is materially harmful to the goodwill or reputation of the terminating Party.

Clause 19 - Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, such provision will be deemed severable and the remaining provisions will be enforced. Headings are for reference purposes only and do not limit the scope or extent of the relevant section.

ALTTIJARA's failure to act with respect to a breach by Merchant Members or others does not waive ALTTIJARA's right to act with respect to the same, subsequent or similar breaches.

ALTTIJARA does not guarantee that ALTTIJARA will take action against all breaches of this Agreement. The execution, validity, interpretation and implementation of this Agreement will be governed and construed in accordance with the laws of the Malaysia. If there is a difference in opinion arising as a result of the implementation of this Agreement, the Parties agree to resolve by deliberation to reach a consensus. In the event that the settlement through deliberation to reach a consensus is not reached within 60 (sixty) calendar days or any other periods as agreed between the Parties, ALTTIJARA may amend this Agreement at any time by posting the Amended terms on the Website. Except as stated elsewhere, all amended terms will automatically be effective 30 (thirty) calendar days after they are initially posted. This Agreement sets forth the entire understanding and agreement between ALTTIJARA and Merchant with respect to the subject matter hereof.