Terms & Conditions

PART 1. GENERAL RULES

Article 1 (Purpose)

The purpose of this Terms & Conditions (this “Agreement”) is to set out rights and obligations and other necessary matters between persons trading products or services with each other, rights and obligations and other responsible matters between the Members and the Company (as defined below), the procedures for the use of the service by the Members, etc., in connection with the use of the e-commerce related services (the “Services”) provided by SpanarBOY (http://www.SpanarBOY.com; hereinafter “SpanarBOY”) operated by Virtual Era Sdn. Bhd. (the “Company”).

Article 2 (Definition)

The following terms shall have the following respective meanings:

  1. “SpanarBOY (www.SpanarBOY.com)” means the website existing for the e-commerce system and its operation which is provided by the Company for transaction of goods and services (the “Products”).
  2. “User” means Members and Non-members who are granted the Services provided by the Company in accordance with this Agreement.
  3. “Member” means any individual or business who has registered himself/herself/itself as member according to registration process established by the Company and who is provided the information on the Company on a consistent basis and is able to use the Services provided by the Company. The Members consist of the General Members and Seller Members as follows:
    1. “General Member (Purchasing Customers)” means any member who is entitled to use the Services provided by SpanarBOY for the purchase of the Products and other purchases.
      • “Buyer member”: anyone of the age of 18 or more is eligible to register as Member for the sole purpose of purchasing (including foreigners residing in Malaysia). If you are under 18 years old, you may use this Website only with authorization from a parent or legal guardian.
    2. “Seller Member (Purchase and Sale Customers)” means any Member who is not only entitled to purchase the Products and use the related Services on SpanarBOY and but also use the Services described in the Corporate Seller Members Agreement (the “Sale and User agreement”). The Seller Members consist of Individual Seller Members, Business Seller Members and Global Seller Members.
      • “Individual Seller Member” means any member who is eligible to sell and purchase personal products for non-business purposes
      • “Business Seller Member” means any member who is eligible to purchase and sell products as a company based on the company registration certificate.
      • “Global Seller Member” means any member who is eligible to purchase and sell products as a foreigner or overseas company.
    3. “Non-Member” means any person who uses the Services provided by the Company without having registered itself as the Member.
    4. “ID” means alphabets, numbers or certain combination of alphabets and numbers selected by the Member and registered by the Company for the identification of the Member.
    5. “Password” means any combination of alphabets and numbers selected by the Member and registered to the Company for the purpose of confirming the identity of the Member and protecting confidential information.
    6. “Operator” means any person selected by the Company for the purpose of carrying out smooth operation and overall management of the Services provided by the Company.
    7. “Buyer” means any User who purchases the Products of the Seller registered with the Company. The right to purchase is granted to both the General Members and Seller Members and Non-Member.
    8. “Seller” means any Member who has registered the Products with the Company using the form of the Products advertisement provided by the Company for the purpose of selling the Products, which right is granted to the Seller Members.
    9. “Member Rating” means a rating given to each Member by the Company based on certain criteria according to the result of the Member’s use of the Services.
    10. “Product Review” means any writing, image, clip, etc., containing a comprehensive review of the Products posted after the purchase of the Products.
    11. “Credit” means electronic prepayment means issued and managed by the Company that are used by the Member in return for the Products purchased by such Member. The Credit can be purchased by the Members for a fee or provided by the Company for free.
    12. “Cash” means (i) any refunds made in cash by the Company following the cancellation made by the Member for the purchase whose payment was made over cell phone, etc. at SpanarBOY, when the refund cannot be made by using the same means of payment used for the purchase of the relevant goods due to the nature of such means of payment, or (ii) cash used by the Company as a means of conversion to the Credits.
    13. “Purchase Finalization Period” means the period during which the Buyer is required to express its intent to finalize its purchase (confirmation of its purchase, return or exchange), which expires on the 7th day from the date of receipt of the products or for products that the Company is unable to confirm receipt thereof (such as products to be installed on-site), the 5th day following the request for receipt confirmation that is sent by the Company to the Buyer after 15 days from the shipping date.
    14. “Personal Identity Verification” means the act of confirming whether the following information, in each case, matches the information recorded at the time the relevant Member became a Member (i) in case of Individual Buyer Member and/or Individual Seller Member the personal identity to be verified through email authentication (The Individual Seller Member may be required to go through additional verification in accordance with separate means as provided by the Company), and (ii) in case of business seller or global seller member, the corporate name of the company, the business enterprise registration number, and further confirms the mandatory items specified in Article 8 hereof.
    15. “Business Day” means any day during which the Services are normally provided by the Company, which excludes Saturdays, Sundays and any public holidays in Kuala Lumpur.
    16. “Payment Protection Services” means the Services provided by the Company whereby the payment made by the Buyer is deposited for a fixed period of time in order to protect such payment.
    17. “Secure Transaction Center” means an organization established in order to mediate various problems which may arise in connection with the transaction security while using the Services.
    18. “Dispute Resolution Center” means an organization established and managed by the Company to enable a reasonable and smooth mediation of any disputes. Any disputes arising from the transaction placed through SpanarBOY between the Seller and the Buyer must be, in principle, resolved on their own, and only in exceptional circumstances where the resolution between the Buyer and the Seller fail, such disputes should go through the Dispute Resolution Center.
    19. SpanarBOY Pay Service : means any/all services provided by Company in relation to Seller Member’s registration and sales of their products at the sites other than SpanarBOY, such as payment agency service, payment protection service, and all other additional services in relation thereto.
    20. “Transaction Fee” is fee paid to Company by the Seller for usage of services. Company shall deduct this fee before settling payments to the Seller.

 

  1. Any terms used herein but not otherwise defined in Article 2(1) shall be interpreted in accordance with the standard practices of transaction.

Article 3 (Scope; Priority of Effectiveness)

  1. In this Agreement, Part 1 (General Rules) and Part 4 (Miscellaneous) shall apply to all Services. Part 2 shall apply to SpanarBOY (e-commerce agent), Part 3 shall apply to SpanarBOY Pay Service.
  2. In the event there is a conflict between the provisions of Part 1 and Part 4 on the one hand and Part 2, Part 3, which are individual Services, on the other hand, the individual Services related provisions (Part 2, Part 3) shall prevail over the overall Services related provisions (Part 1 and Part 2).

Article 4 (Specification, Effectiveness and Amendment of this Agreement)

  1. The Company shall post the defined Agreement on the first page of its Internet site (http://www.SpanarBOY.com), where the Company’s Services are provided, in order to inform the Users of such Agreement.
  2. The Company is entitled to amend this Agreement when there are reasonable reasons, so long as such amendment does not violate the related laws. In the event this Agreement is amended, the Company shall notify of such amendment (including the effective date of such amendment and the reason for amendment) through its Service site 15 days prior to the effective date of such amendment; provided, however, in the case of any amendment disadvantageous to the Users, such shall be notified through its Service site 30 days prior to the effective date and shall be also individually notified by way of sending email, SMS, etc. to the Users (if it is difficult to provide such separate notification due to the User’s failure to provide the contact information, change of the contact information, etc. and such amendment has been notified in accordance with this Agreement, such notice shall be deemed to have been separately made).
  3. Agreeing to this Agreement shall mean agreeing to confirm any changes made to this Agreement by regularly visiting the Internet site operated by the Company. The Company shall not be responsible for any damages suffered or sustained by any Members or Users in connection with their failure to learn the information on the amended Agreement.
  4. In the event any Member does not agree to the amended Agreement, such Member may request to withdraw from the membership (termination of the User agreement). In the event the Company has notified or announced pursuant to Article 4(2) of this Agreement that the Agreement will be amended and that the User shall be deemed to have consented to such amendment if the User fails to express its refusal to accept the amendment by the effective date of such amendment, the User shall be deemed to have consented to the amendment, if the User fails to explicitly express its refusal to accept the amendment.

Article 5 (Additional Regulations)

  1. Any and all matters not stipulated in this Agreement shall be determined in accordance with the general commercial practice and the related regulations such as the Act on Consumer Protection in Electronic Commerce, Etc.
  2. The Company, whenever necessary, may notify of the matters applicable to specific Services (the “Individual Agreement”) by posting them on SpanarBOY, etc.
  3. The Company, whenever necessary, may determine and notify of the detailed matters relating to the use of the Services (the “Use Policy”) by posting them on SpanarBOY, etc.
  4. Any changes made to the Terms and Conditions or the Privacy Policy shall be notified by the Company prior to the effective date of such changes.
  5. Each Member shall monitor at all times whether there have been any changes made to the Individual Agreements or the Use Policy and shall confirm any notifications made in respect of any changes.

Article 5.1 (Product Listing)

  1. The seller is fully responsible for the Listing. By Listing on the website of SpanarBOY.my, the seller warrants that:
    • Seller is the valid owner of Products listed.
    • Seller has the right to sell the Products online in Malaysia.
    • The products conform to all applicable laws regulations in Malaysia.
    • The products strictly conform to the specifications, drawings, performance criteria other descriptions referred to/or proved on the website by Seller.
    • Products are free from defects in terms of materials, performance, operation & workmanship.
    • No misleading information is included on the website.
    • The price of the listed Product is competitive.
    • No illegal or offensive content is inserted on the Website.
  2. Without limiting the foregoing, you may not list on our site or sell any item by using SpanarBOY.com which:
    • Cosmetics endangering the safety or health of the customer, items without authorization from BFAD/ Bureau of Food and Drug.
    • Firearms or any hazardous weapons.
    • Black-market Items.
    • Stolen goods.
    • Goods that were imported illegally.
    • Illegal items.

Article 5.2 (Order Limitations)

  1. Company reserves the right to reject any product(s) order you place with us, and/or or to quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
  2. Company may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Company also reserves the right to reject any order you placed. These restrictions includes all and any product(s) orders placed by the same SpanarBOY.my site account, the same credit card, and orders that use the same billing and/or shipping address. In the event Company makes a change to an order, Company will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.
  3. Company reserves the right to limit or prohibit sales to dealers or re-sellers.

Article 6 (Establishment of the User agreement)

  1. The user agreement in respect of the Services provided by the Company (the “User agreement”) is established when the Company provides its consent to the application filed by any person, who wishes to use the Services. The application is made when any person, who wishes to use the Services, fills in each required item in the membership application form provided by the Company online and expresses his or her intent to consent to this Agreement.
  2. The applicant shall be deemed to have become the Member as of the date on which the Company’s consent to such person becoming Member is posted on the relevant Service page or such consent has been received by the applicant by email or any other means determined by the Company.
  3. Any individual of the age of 18 or more is entitled to apply for the membership. Any corporate which is able to engage in normal business activities as of the date of the application, is entitled to apply for the membership.
  4. In principle, one (1) membership ID shall be given to one (1) person (on the basis of the email authentication for which personal identity has been confirmed; in case of corporate, on the basis of each corporate number and business enterprise registration number); provided, however, that in the case of Seller Members (who are also Corporate Members), up to 10 Member ID may be given per each business enterprise registration number, to the extent that such Member satisfies the criteria set by the Company (transaction period, performance record, credit rating, dispute records, etc.)
  5. In the event the Member signs up again for the membership following the expiration (including termination) of the User agreement, in principle, the ID, which was last used, cannot be used and the new ID shall be used.
  6. In the case of application for the membership submitted by the Individual Buyer Member and/or Individual Seller Member, the personal identity verification proceeding shall be undertaken by email authentication. For any application for which the personal identity verification proceedings cannot be undertaken by the Company, the Company is entitled to request the applicant to submit evidentiary materials.
  7. Because there is a concern that certain Members may seek to receive expediently various economic benefits, such as various discount coupons, benefit from events, etc., provided by the Company, by repeating the process of signing up for membership, voluntarily terminating the membership, etc. or that certain Members may illegally use the other’s name in such process, in order to prevent such illegal activities from occurring, the use of the Services by the Member and the filing of the application for the membership within one (1) month from the date on which the Member voluntarily withdraws from the membership may be denied.

Article 7 (Change and Protection of Personal Information)

  1. Anyone who wishes to become a Member and use the Services contemplated hereby shall be required to go through the application process.
  2. In the event there is any change to the matter the Member recorded at the time he or she applied for the use of the Services, such Member shall immediately update the information; provided, however, that any information, such as name, ID, which is impossible to be changed, cannot be changed.
  3. The Member shall be responsible for any damages occurring from the non-updated information, for which the Company shall not be responsible in any way whatsoever.
  4. The Company shall not use any information of the User for purposes other than to provide the Services, nor shall it provide such information to any third party without the consent of the User, with the following exceptions:
    • to provide to the Seller, delivery company or etc. the minimum information relating to the User (name, address, contact information, ) that are necessary for transaction, delivery, etc.
    • when the use of the personal information of the User and the provision of such information to a third party are permitted under the laws and regulations
    • when such information is required to execute the purchase and sale and for return, exchange, cancellation, etc., following the completion of the purchase and sale; provided, however, that the Company is entitled to provide the contact information of the counterparty only to the relevant Seller and Buyer who participated in the purchase and sale.
  5. The Company shall strive to protect the personal information of User, which includes the information on User, in accordance with the related regulations. The Company shall establish the policy of the protection of the personal information of the User, select the person in charge of the protection of the personal information and post this information.
  6. Any matter related to the protection of personal information of the User shall be handled in accordance with the related law, regulation and the personal information protection policy determined by the Company.
  7. In the event any transaction is achieved through the Services provided by SpanarBOY, the Company shall provide to the Seller the personal information of the User which is necessary in connection with the transaction of the products between the Seller and the Buyer, delivery, etc.
  8. We may share your personal information with:
    • Third-party service providers under contract who help with our business operations: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links(including paid listings and links), processing credit card payments, investigating frauds and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
    • Third parties giving promotional offers: Sometimes we send offers to selected groups our users on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust communication preferences in SpanarBOY.
    • Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
    • Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, postal code, telephone number, email address, User ID history, IP address, fraud complaints, and purchasing and listing history;
    • Brand Protection Program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, postal code, country, phone number, email address and company name; and
    • Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

Article 7.1 (Privacy)

  1. Company does not sell or rent member personal information to third parties for their marketing purposes without member’s explicit consent. Company uses the information only as described in our Privacy Policy.
  2. Company views protection of member’s privacy as a very important community principle. Company stores and processes the information on computers that are protected by physical as well as technological security devices.
  3. Member can access and modify the information provided and choose not to receive certain communications by signing-in to your account. Company uses third parties to verify and certify our privacy principles. For a complete description of how the Company uses and protects your personal information, see our Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
  4. For the avoidance of doubt, If Company has reasonable grounds to believe that any User is in breach of any of the terms of this Agreement, Company 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.
  5. Further, Company may disclose the User’s identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Company is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Company shall not be liable for damages or results arising from such disclosure, and the member(s) agrees not to bring action or claim against Company for such disclosure.
  6. You may withdraw your consent to our collection of your personal data and/or information at any time by notifying us or call our customer service. In that event, we will not be able to identify you and provide you with a safe, smooth, efficient and customized experience while using our site. Although you can browse through most of our sites without giving any information about yourself, in some cases, personal information is required in order to provide the Services you request.
  7. When a user withdraws from the membership, SpanarBOY shall keep in custody the name, identification registration number (or foreigner registration number), password, e-mail or information necessary for identification for 1 (one) month from the withdrawal for the purpose of prohibiting the user from receiving illegally or expediently any economic profit such as discount vouchers, event benefits, etc. through repetitive subscriptions and withdrawals or from using illegally the other’s name. Where a User is a Seller Member, SpanarBOY shall maintain the records of the names, telephone numbers and addresses of the person or company who supplies the Products for a period of 2 (two years).

Article 8 (Application for the Use of the Services)

  1. Any person who wishes to join and use the Services provided by the Company shall provide the required information in the membership application form provided by the Company. There are mandatory items and optional items that are to be filled in by the Member at the time he or she signs up for the membership, and all mandatory items must be filled in. The type of items to be provided in the form of application for joining the membership varies depending on whether the applicant is individual or corporate.
  2. Any Individual Buyer Member and/or Individual Seller Member shall fill in the following items (mandatory items): Member ID (ID), password, email address, name, contact number, whether the Member wishes to receive advertising emails or advertising SMS, and whether the Member consents to his or her personal information being provided to or used by the partner companies¬¬ and the personal information management consignment company.
  3. Any Business or Global Seller Member shall fill in the following items(mandatory items): type of business, Member ID (ID), password, name of the company (name of the business), name of the representative, business enterprise registration number, email address, contact number of the representative, fax number, location of the business, account number to which the sales price of the Products may be remitted, business conditions, type, category, corporate registration number, e-commerce business registration number, major line of business, whether it wishes to receive advertising emails or advertising SMS, and whether it consents to its personal information being provided to or used by the partner companies and the personal information management consignment company.
  4. A Business or Global Business Seller entity must apply for the membership as the Business or Global Seller member. Any Business or Global Seller which wishes to join as the Business or Global Seller member, shall provide, at the request of the Company, additional information and evidentiary materials, such as a copy of the business enterprise registration certificate, a copy of the identification of the representative (in the case of privately owned business), corporate register, a certificate of corporate seal impression and the account information of the representative or the company for settlement.
  5. At the time when the Member applies for the membership, the Company is entitled to request other information (i.e., birth date, marriage status, occupation, hobby, area of interest, etc.) in addition to the mandatory items indicated in Article 8 (1) and Article 8 (2), for which request the applicant has the right to reject. Any additional information so obtained must be only used for purposes of providing various and useful information to the Members and cannot be used for any other purposes by the Company.
  6. Seller member is provided with ‘Download Manual’ feature through Seller Office, which provides easy explanations and guidelines starting from product registration, sales up to payment calculation.
  7. Seller member is not allowed to make use of the Web Site’s Name and/or its Logo without prior written authorization from SpanarBOY. Seller Member shall not conduct or induce direct sales of their products to the Buyer; if in any case this rule is violated, the respective Seller Member shall be banned from using the service and Seller’s membership may be terminated.
  8. Seller should respond to GST invoice and or other invoice issuing requests from Buyer. Seller should respond to the queries of Buyer honestly and accurately. Any losses arising from dishonest, inaccurate responses made by Seller will completely be Seller’s responsibilities.
  9. Buyer members under age of 18 (eighteen) are prohibited from accessing harmful media materials. To avoid any damages to minors from distribution of illegal and harmful media materials, Company applies a separate adult verification mechanism to such materials in order to prevent exposure to indecent and harmful materials to minors. Company accepts reports of indecent and harmful materials in the Web Site via support@SpanarBOY.com. The reported party who registers such indecent and harmful materials will receive warnings or other actions from Company upon confirmation.

Article 9 (Approval, Rejection, Deferring of the Application)

  1. In principle, the Company shall approve the use of the Company’s Services only when all required information set forth in Article 8 of this Agreement has been accurately filled in and the identification of the applicant, who has consented to be bound by this Agreement, has been confirmed by undertaking the personal identity confirmation procedures.
  2. The Company shall undertake the personal identity confirmation procedures as follows: (i) in the case of the Individual Buyer Member and/or Individual Seller Member application, by email authentication; and (ii) in the case of the Business or Global Seller member application, based on the evidentiary materials which have been provided pursuant to Article 8 (4), etc.. For any application for which the Company is unable to undertake the personal identity confirmation procedures, the Company is entitled to request the applicant to submit evidentiary materials.
  3. The Company may refuse to approve the application in any of the following cases:
    1. The applicant is less than 18 years old.
    2. It has been confirmed in the personal identity confirmation proceeding undertaken by the Company that the applicant is not the person who is filing the application.
    3. The name, the CI (Connecting Information, the personal identification information given by the personal identification institution to connect the service), DI (Duplication Information to screen duplicate applications) (or business enterprise registration number, corporate registration number, email authentication) are identical with those of the existing Member.
    4. There is any false or omitted information or typos in the application or the registration materials.
    5. The application is re-filed within a month from the date on which the User agreement was terminated.
    6. The Member, against whom certain measures have been undertaken by the Company such as disqualification, unilaterally terminates the User agreement and subsequently reapplies for the use of the Services during the period in which such measures undertaken against the Member remain effective.
    7. It has been confirmed that the application has been filed in breach of this Agreement or that such application is unlawful or otherwise wrongful.
    8. Any person who is subject to the terms of the purchase/sale user agreement of SpanarBOY is in breach of the relevant agreement.
  4. The Company may defer the application in any of the following cases. In that event, the Company shall post on the relevant Services page or notify by email the reason for deferring the application, possible date of approval, any additional information or materials that are required for the approval and any other information related to the deferring of the application.
    1. There is lack of facilities
    2. There are technological problems
    3. The Company is unable to confirm personal identity through personal identity confirmation proceeding undertaken by the Company.
    4. The Company has reasonably decided that the deferring of the application is necessary.

Article 10 (Expiration of the User agreement)

  1. Any Member may terminate the User agreement as follows:
    1. Any Member may terminate the User agreement at any time by notifying the Company of its intent to terminate; provided, however, that prior to making such notification, all Product transactions that are in process must be completed, withdrawn or canceled, and any negative consequences arising from such withdrawal or cancellation shall be borne by the Member. In addition, the Company shall be entitled to restrict the Member’s ability to terminate the User Agreement, in the event the Member’s use of the Services has been suspended due to his or her breach of this Agreement, related laws and regulations, etc. in order to prevent such breach from occurring again, or until the Member has discharged all of its obligations if the Member has not discharged all of its obligations against the Company.
    2. Any negative consequences arising from the withdrawal from the membership shall be borne by the withdrawing Member. Once the User agreement is terminated, the Company may collect various incidental benefits (eg: credit, points or discount coupons) provided to the Member.
    3. In order to prevent any illegal and/or expedient activities from occurring, where the Member may illegally and expediently obtain certain economic benefits such as discount coupons, event related benefits, etc. by repeatedly applying for the membership and arbitrarily terminating the User Agreement, or where the Member uses another person’s name in such process, any Member, who desires to reuse the Services following his or her voluntary termination, shall be allowed to reapply after one (1) month has passed from the date on which the Member withdrew from the membership. To reuse the Services, the Member must notify the Company of its intent to reuse in accordance with the membership application procedures set forth in this Agreement and the related provisions and obtain the approval of the Company.
    4. In order to prevent any illegal and/or expedient activities from occurring, where the Member may illegally and expediently obtain certain economic benefits such as discount coupons, event related benefits, etc. by repeatedly applying for the membership and arbitrarily terminating the User Agreement, or where the Member uses another person’s name in such process, the Company may maintain personal information of the withdrawing Member, such as ID, name, CI and DI, date of withdrawal, withdrawal reasons, etc., for a period of one (1) month following the withdrawal of the Member.
  2. The Company may terminate the User Agreement in any of the following cases.
    1. The Company may terminate the User agreement in the event any of the following has occurred or has been confirmed in respect of the relevant Member:
      1. Any acts of compromising legitimate interests (such as rights, honor, credit, etc) of other Members or the Company (including its employees and consultants) or causing violation of the Malaysian laws and regulations or good public orders and morals;
      2. Engaging or attempting to engage in any of the following activities to interrupt, or that are likely to interrupt, the smooth processing of the Service
        • Raising any claims in a constant and malicious manner without any reasonable grounds
        • Constantly cancelling or returning the Products or services that are not particularly defective after using such Products or services.
        • Breaching the rules of use promulgated by the Company for safe transactions
      3. The accumulated credit rating of the Member is below certain rating.
      4. The Member has intentionally interrupted the Company’s business or registered the Products that are not fit for sale
      5. The Member has breached this Agreement or the grounds for termination under this Agreement have occurred (including the breach of the relevant agreement by any person who is subject to the seller members agreement of SpanarBOY)
      6. It has been confirmed that there are grounds to reject the User agreement of the Member in accordance with Article 9.
      7. The Company, in its reasonable judgment, has decided that there are grounds to refuse the provision of the Services.
    2. In the event the Company terminates the User agreement, the Company notifies of the grounds of termination to the relevant Members by e-mail, telephone, fax and other means. The User agreement is terminated when the Company notifies of its intent to terminate to the Member.
    3. Following the termination of the User agreement by the Company in accordance with this Article 10, this Agreement shall continue to apply to any matters related to the completion of any existing sale and purchase agreements entered into prior to the termination.
    4. In the event the User agreement is expired in accordance with this Article 10, the Company may cancel any advertisements and transactions related to the relevant Member without notice, and to the extent any Buyer has paid the purchase price of the Products using credit card, such credit card transaction may be canceled. The Company may also collect various benefits incidentally (eg: credit, points or discount coupons) provide to the Member.
    5. In the event the User agreement is expired in accordance with this Article 10 and the Member reapplies for the use of the Services, the Company may refuse to approve such application.
  3. The Member shall be responsible for any losses occurring in connection with the termination of the User agreement, for which the Company shall not be held responsible in any way whatsoever.

Article 11 (Member Rating and Review System)

  1. For any Products traded by using the Services, the Company may grant the Member Rating ,certain benefits and etc., relating to such rating based on the Points earned in connection with such transaction. The Member Rating, associated benefits and etc. are granted in accordance with the history of the use of the Services and the standards of the Use Policy determined by the Company, the details of which are posted on the relevant Services pages or the start-up screen of the Internet site operated by the Company (any changes to the Member Rating policy, associated benefits and etc. must be notified in accordance with Article 5 (4) of this Agreement).
  2. In the event the relevant Member files an objection in respect of the element of the rating granted to such Member, the Company may adjust all or part of the elements of the rating in consideration of various circumstances such as the explanation given, the credit rating of the relevant Member, etc.
  3. The rating of the Member shall be utilized only as reference materials when the Products are purchased and sold, and it does not guarantee the credit of the Member or indicate the financial status of the Member.
  4. The Buyer of the Products is entitled to indicate its satisfaction for the relevant transaction when the purchase is finalized by using different ratings made available by the Company. The indicated satisfaction of the Buyer is reflected in the assessment of the Seller of the relevant Products. The degree of satisfaction for transaction and the rating shall be posted on the relevant Service pages.
  5. The review of the Products may be written by all Members including the Buyer, which, in principle, must be publicly disclosed. Any person who has written the review of the Products can delete the review prepared by himself or herself. In the event it is determined that the disclosed review of the Products and any attached opinion thereto are not appropriate for public disclosure, the Company is entitled to change or delete the relevant review and attached opinion. When the review of the Products is deleted, any opinion attached to such review is also deleted. The related detailed matters shall be posted on the relevant Services page.
  6. A person, who has provided Products review and the degree of satisfaction concerning the counterparty of the transaction, shall be responsible for such assessment, and the Company does not intervene in ascertaining whether any of these is true.
  7. The Company is entitled to impose sanctions, such as deleting the relevant valuation results and disqualifying the relevant Member from using the Services, etc., if the Member has engaged in any activities in contravention of the purpose and objectives of the Member Rating and the assessment system
  8. The Product review may be deleted or the relevant Member may be disqualified from using the Services in any of the following cases:
    1. if any assessment of the degree of satisfaction has been undertaken in order to fabricate the Member Rating or to manipulate the increase in the degree of satisfaction;
    2. if any assessment was performed (and the assessment result thereof), after cash or other compensation was provided and/or promised in return for indication of a high degree of satisfaction and the Product review
    3. if engaged in any activities of insulting, causing defamation or damaging credit of a third person, etc. through the Product reviews and any assessment results thereof
    4. if using the Member review system in contravention of the purpose and objective of such system.

Article 12 (Management of Members)

  1. The Company may take the following measures against any Member who has breached this Agreement, related laws and regulations and the general principle of business transactions:
    1. Deducting the credit point;
    2. Taking back all or part of the benefits incidentally provided by the Company;
    3. Restricting the use of specific Services;
    4. Termination of the User agreement; and
    5. Requesting compensation for damages.
  2. In the event the Company has undertaken the measures set forth in the above Article 12 (1), the Company shall provide the prior notice thereof to the Member by telephone or e-mail. Under certain inevitable circumstances, such as where the Member is out of contact or in the case of emergency circumstances, such measures may be taken prior to the notice and, subsequently, notified to the Member. Provided, however, that the deduction of the credit point may be made without notice.
  3. If the Member has any objection against the measures taken by the Company in accordance with this Article 12, the Member may protest.
  4. In the event the Member fails to log in for 18 month or more, the Company may consider such account as dormant account, in which case the Company may place restriction on the use of Services provided by the Company. Once designated as dormant account, in order to use the Services again, the Member shall go through the identification authentication procedures.

Article 13 (Term and Suspension of the Services)

  1. The term of the Services of the Member shall commence on the date on which the application for the Services of SpanarBOY was approved and shall continue in full force and effect until the termination of the User agreement.
  2. The Company may temporarily suspend the provision of the Services due to repair, checking, replacement and breakdown of communication facilities such as computers, etc., loss of communication, etc. In each of the foregoing cases, the Company shall notify of the suspended Services and the reasons for temporary suspension of the Services on the start-up page.
  3. The Company may restrict or temporarily suspend the provision of the Services in the event it is unable to provide such Services due to the occurrence of the natural disaster or other force majeure events.

Article 14 (Services Fees)

  1. The Company may impose fees in connection with the provision of certain specific Services or function of SpanarBOY.
  2. Any fees set forth in this Article 14 shall be handled in accordance with the terms of this Article 14, Individual Agreement or separate application.

Article 15 (Use of the Discount Coupons)

  1. The Company or the Seller may issue discount coupons, which provide discount of fixed amount or rate to relevant Member in the event the Member purchase the Products by using the purchasing Services.
  2. The Member has the right to use the discount coupon only for his or her own purchases, and the Member shall not, under any circumstances, engage in de-facto sale or transfer of such coupons to any other person.
  3. The use of the discount coupons may be restricted depending on certain items or amount, and such coupons cannot be used after the expiration of their respective expiry date. The discount coupon may not be reusable after any refund is made due to cancellation or the return of the Products.
  4. Any discount coupons provided to the Buyer may not be used in multiple for the purchase of one (1) Product; provided, however, that to the extent the issuer of such discount coupon is different (company or Seller), it may be possible to use multiple coupons for the purchase of one (1) item.

Article 16 (Credit, Points, Cash)

  1. Points may be used as means of promotion at SpanarBOY for the settlement of order, payment of purchase price.
  2. Credit may be used as means of payment at SpanarBOY for the settlement of order and payment of purchase price. One (1) Credit means RM 1.00 in cash.
  3. The expiry date of Credit is five (5) years from the date of charge. The Members shall be notified by email, etc. thirty (30) days prior to the expiry date of the relevant Credit.
  4. Any Credit which the Member has received from the Company for free by purchasing the Products, through events, etc. shall be used only within the period and only in the manner set by the Company.
  5. The time limit and the method of using set forth can be confirmed through the notice publicly announced or the homepage of SpanarBOY.
  6. Any Credit which have been accumulated through purchase may be taken back by the Company if the relevant purchase is cancelled.
  7. In the event the Company takes back the Points and Credit granted to the Member by the Company due to cancellation of the purchase by the Member, etc. and the remaining Credit and Point of the Member as of the time of such re-collection is less than the Credit and Point subject to such re-collection, the Company may treat such Credit and Point as minus (-) Credit and minus (-) Point (which are less than 0), for which the Member is entitled to recover by way of accumulating Credit and Point through additional purchase or charging Credit through cash settlement, etc..
  8. In the event the Company needs to refund the payment to the Member whose payment has been made by cell phone, etc. at SpanarBOY due to the cancellation of the purchase of the Product, etc., and the refund cannot be made by taking the same process due to the nature of the payment method, the Company shall provide to the Member one (1) Cash for RM 1. Such Cash may be withdrawn in cash or convertible into Points. One (1) Cash means RM 1 or one (1) Credit.
  9. The expiry date of the Cash is five (5) years from the occurrence of the relevant cause, such as refunds, which shall be notified to customers by e-mail, etc. thirty (30) days prior to the expiration of the expiry date.
  10. The Cash may be refunded in cash (with the minimum denomination of RM 1,000), which shall be remitted into the designated account on the second (2) business day from the date on which such request is made.

Article 16.1 (Surveys and Contests)

  1. Company may occasionally provide members the opportunity to participate in contests or surveys on the Web Site. If members decide to participate, Company will request certain personally identifiable information. Participation in these surveys or contests is completely voluntary and members therefore have a choice whether or not to disclose this information. The requested information typically includes contact information, such as name and shipping address, and demographic information, including but not limited to complete address and, zip code.
  2. Company uses this information to notify contest winners and award prizes, to monitor site traffic or personalize the site, or to send participants electronic communications. Company also may store this information for use at a later date.
  3. Company may use a third-party service provider to conduct these surveys or contests; such third-party service provider will be prohibited from using the Web Site user’s personally identifiable information for any other purpose.

Article 17 (Copyright Policy)

  1. The Company shall establish and manage the policy of protecting the copyright of the copyright holder in connection with the use of the Services, and the Member shall comply with such copyright policy of the Company.
  2. The Member shall have copyright over any postings that have been prepared by the Member while using the purchase Services provided by the Company. The Member shall be responsible for any civil and criminal liabilities such as infringement of the copyright related to the relevant postings.
  3. The Company may search, expose to the other website, or use for free as sales promotion and other materials any postings registered by the Member, and may copy, display, transmit or distribute such posting or prepare compilation works and the derivative works in the Services provided by the Company; provided, however, that in the event the Member, who has registered the relevant postings, requests the Company to stop using such postings by deleting the postings, the Company shall immediately cease from using such postings.
  4. The Company’s right to use set forth in Article 17 (3) shall remain in full force and effect so long as the Company operates the Services of SpanarBOY.
  5. By posting on SpanarBOY, the Member is deemed to have granted the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to copy, display, use, reproduce, publish, distribute, transmit such postings and prepare compilation works and derivative works from such postings throughout the world in any media
  6. Company automatically records Web Site use information and analyze statistically to track operational problems, to prevent fraud and to improve the effectiveness, security, and integrity of the Web Site. This information does not identify member personally and Company does not use this information to track information about individuals. We will disclose this information to third party only in aggregate form or as may be required by law. For each page visited, the Company collects and stores only the required technical information in what is called a “web server log file”, including but not limited to : Date and time of access, URL address of webpage visited, internet domain and IP address from which SpanarBOY.com was accessed, Type of browser and operating system used to access SpanarBOY.com (if provided by the browser), URL address of the referring page (if provided by the browser), completion or success status of the request for a webpage or other online item, file size of the webpage visited.
  7. The Company shall have the ownership over a copyright and any other intellectual property rights relating to any works prepared by the Company. In the event the User uses the information which it has acquired while using SpanarBOY by copying, transmitting, publishing, distributing or broadcasting such information, or by using any other means, without the prior consent of the Company, the User shall be responsible for such use (including the use of a third party, if such use is granted by the User).
  8. The Member may protect its rights by using the reporting center system operated by the Company in the event his or her copyright has been violated at SpanarBOY.
  9. The Company may, without notice, delete the postings, restricts or prohibits the relevant publisher from using the specific Services, terminate the User agreement or take any other measures in any of the following cases. In the event the postings are deleted, any other notices related to such postings (such as comments, responses, etc.) shall be deleted as well.
    1. If the contents of the posting violate the provisions of Malaysian laws;
    2. If the posting infringes the rights, honor, credit and any other legitimate profit of the other person;
    3. If the posting contains malignant code or data that may cause malfunction of information technology equipment;
    4. If the posting violates social public order or is destructive to the traditional custom; or
    5. If it is determined that the posting disturbs smooth operation of the Services of SpanarBOY provided by the Company due to material causes similar to those described in Article 17(9)(1) through Article 17(9)(4).

PART 2. SERVICES OF SPANARBOY (E-COMMERCE AGENT)

Article 18 (Type of the Services)

The Company shall provide the following types of the Services to the Member:

  1. ① E-Commerce Services: It means the Services provided by the Company through its Internet site (http://www.SpanarBOY.my) to provide the place of on-line transaction and other related supplementary services to enable the purchase and sale of the Products among the Members.
    1. Business support services related to sales;
    2. Business support services related to purchases;
    3. Execution of agreement, payment support, Payment Protection Services and Trust & Safety Service (T&S);
    4. Product search information services;
    5. Other e-commerce related services; and
    6. SpanarBOY’s advertisement and promotion services
  2. Other Services include Product inquiry notice services, information provision services such as Product review, expert review, etc, and telemarketing and event services provided directly by the Company or jointly between the Company and its partners.

Article 19 (Disapproval of Representation and Guarantor)

  1. As the Company only operates, manages and provides the system for the purpose of enabling unconstrained transaction of the Products among the Buyers and the Sellers, the Company does not represent the Buyers or the Sellers and the relevant User shall be directly responsible for all liabilities related to the transaction made among the Users and the information provided by such User.
  2. The Company does not guarantee anything with regard to the transaction undertaken by the Buyer and the Seller, such as the existence or veracity of the intent to sell or purchase, quality, completeness, safety or legality of the registered Product or whether such Product infringes the right of other person, or truthfulness or legality of the information posted by the Seller or the Buyer or any materials posted on URL linked through such information, etc. Any liabilities and risks relating transaction undertaken by the Buyer and the Seller shall be borne by the relevant Member.
  3. The Company does not sell the Products to the Buyer, nor does it purchase the Products from the Seller. The Company develops and provides only the instrument to augment the safety and reliability of the transaction between the Buyer and the Seller.

Article 20 (Use of the Services by Buyer)

  1. The Buyer shall not submit bids for the Products of the Seller or express its intent to purchase if he or she does not have the actual intent to purchase. In the event it is found that the Buyer has caused the increase in the price of the Products by submitting bids without having actual intent to purchase, or interrupted the Seller’s chance to sell the Products or other Buyer’s chance to purchase the Products by faking the intent to purchase, the Company may take necessary measures against the relevant ID such as disqualifying the Member, etc.
  2. Before purchasing any Products, the Buyer must accurately confirm the terms of the transaction and the detailed description of the Products prepared by the Seller posted on the website. The Buyer shall be responsible for all losses and damages arising out of or in connection with any purchase made without confirming the foregoing.
  3. The Buyer shall comply with this Agreement and all notices posted on the Service page by the Company. The Buyer shall be responsible for all losses and damages arising out of or in connection with its breach or failure to perform the terms of this Agreement or such notices.
  4. The Company does not provide any guarantee or otherwise represent any description of the Products and the terms of the transaction registered by the Seller. The Buyer shall purchase the Products at his or her own risk.
  5. In case of the occurrence of grounds for withdrawal of an application for a contract concerning the Products purchased by the Buyer, the Buyer shall not arbitrarily use such Products or leave the Products to be damaged. In the event such Product is arbitrarily used or damaged due to inadequate storing of such Products, the reasonable expenses shall be borne by the Buyer.
  6. In case of any disputes arising out of the procedure relating to the purchase and sale of the Products between the Buyer and the Seller, the Buyer shall sincerely try to resolve such dispute in a faithful manner. The Buyer shall be responsible for all damages and losses suffered or sustained by the Seller and the Company arising out of the Buyer’s insincere approach to resolve the disputes.
  7. The Buyer shall use the means of payment available under its name when purchasing the Products and shall not arbitrarily use the means of payment available under other’s name, etc.. The Buyer shall be responsible for all damages and losses suffered or sustained by the Company, the owner of such means of payment and Seller arising out of the Buyer’s arbitral use of the means of payment available under other’s name.
  8. The Buyer shall be responsible and liable for the information provided by the Buyer in connection with the payment of the purchase price and any disadvantages arising out of such information.
  9. In the event the payment is not made within five (5) business days (excluding Saturdays, Sunday and public holidays in Kuala Lumpur) from the date on which the purchase order is placed, it shall be deemed that the order has been cancelled, and the relevant order shall be automatically cancelled.
  10. The Company may confirm whether the Buyer has the justifiable right to use the means of payment used by the Buyer and may stop or cancel the transaction until such confirmation is completed.
  11. The Company shall manage various facilities and materials in order to provide safely the Services to the Buyer. The Company shall confirm whether such Services is used consistently with the purpose of such Services, and in the event the Company finds that the Buyer has used the Services in contravention of the purpose of such Services, the Company may request the Buyer to explain the reason therefor.
  12. In the event the Company posts the information provided by its partners, or provides the reference information or contents provided by a third party at SpanarBOY site or through links, for the convenient use of the Services for the Buyer, the Buyer shall, at its own decision and risks, purchase the Products, for which the Company shall have no liability whatsoever.
  13. In the event a person who is a minor purchases the Products, his or her legal representative must consent to the relevant agreement. If no such consent has been provided, the minor or the legal representative may cancel the agreement. Any detailed matters relating to the transactions undertaken by the minor shall be handled in accordance with the related laws and regulations.

Article 21 (Use of the Payment Protection Services)

  1. The Company shall provide the Payment Protection Services to provide the environment where transactions among the Members can be undertaken safely and to improve the reliability of e-commerce services. The Payment Protection Services mean the services whereby the Company refunds to the Buyer the payment made by the Buyer, in the event the Buyer has made the payment in accordance with the purchase and sale agreement (which payment is then transferred to the relevant Seller by the Company after deducting a predetermined fixed service fees therefrom in case the Buyer received the Products from the Seller) but the Buyer has not received the Products from the Seller or the Buyer requests for refund after having the Products returned to the Seller even if the Buyer received the Products from the Seller.
  2. The Payment Protection Services apply to all Products purchased at SpanarBOY.
  3. The Payment Protection Services is provided for the purpose of enhancing the safety and reliability of the purchase and sale of the Products among the Members and protecting the Buyer who is required to make payment before he or she receives the Products.
  4. The provision of the Payment Protection Services by the Company does not make the Company a representative of the Seller or the Buyer, nor does it mean that the Company is acting as a proxy for the Buyer and Seller in carrying out the obligations of the Seller or the Buyer in connection with the purchase and sale of the Products.
  5. Any remittance charges, etc. incurred in connection with making payment of the Products through the payment settlement agent services provided by the Company shall be borne by the Buyer who remit the payment.
  6. The Company cannot be requested to return any interests, etc., that are incurred on the payments that are in custody of the Company and subsequently obtained by the Company, in the course of providing the Payment Protection Services.
  7. Any Buyer, who uses the Payment Protection Services, shall express his or her intent to finalize the purchase, exchange or return at the time when the Products are delivered to the Buyer.
  8. The Payment Protection Services are terminated when the Buyer expresses his or her intent to finalize the purchase or it is deemed that the Buyer has such intent.
  9. In the event the Buyer fails to express his or her intent to exchange or return within the Purchase Finalization Period following the completion of the delivery of the relevant Products, it shall be deemed that the Buyer has the intent to finalize the purchase.
  10. In the event the Buyer has the intent to finalize the purchase or it is deemed that the Buyer has such intent, the Company may remit the related payment of the Products to the Seller in accordance with the related regulations of the Act on Consumer Protection in Electronic Commerce, Etc.
  11. In the case of the occurrence of the grounds to withdraw, cancel, terminate, nullify or etc. the agreement after the termination of the Payment Protection Services, the Buyer shall undertake the relevant procedures directly with the Seller to withdraw, cancel, terminate or etc. the agreement and to obtain a refund of the purchase price.

Article 22 (Delivery; Completion of Transaction)

  1. A delivery period starts on the date immediately succeeding the date on which the deposit has been confirmed and ends on the date on which the delivery is completed. In the case of public holidays and other holidays in Kuala Lumpur or the occurrence of the natural disaster or the force majeure events, such period shall be excluded from the delivery period.
  2. If the Goods purchased is not delivered in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on Company, to demand performance within a specified time thereafter, which shall be at least 14 days. If Company fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Company’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events.
  3. In the event there is a dispute among the Seller, Buyer, delivery company, financial institutions, etc., in connection with the delivery, such disputes shall be resolved among the related parties. The Company shall not take part in any of such disputes, nor shall it be held liable thereto.
  4. In the case of the occurrence of the grounds to refund the purchase prices due to defects in the Products, etc. after the purchase has been finalized, the Company shall not intervene. Any disputes arising between the Buyer and the Seller after the purchase has been finalized shall be resolved between the relevant Buyer and Seller.
  5. If the Buyer fails to express his or her intent to finalize the purchase, exchange or return within the Purchase Finalization Period, the Company may deem that the intent to finalize the purchase has been made and take the procedure to automatically finalize the relevant purchase (the “Automatic Finalization of Purchase”) on the business date immediately succeeding the expiration date of such period; provided that if the Buyer does not receive the product within the Purchase Finalization Period, the Buyer may report such non-arrival to the Company.
  6. Upon the conclusion of the Automatic Finalization of Purchase, the Company may remit the payment, which is in custody of the Company, to the Seller in a manner designated by the Seller.
  7. Once the Automatic Finalization of Purchase is concluded, the Buyer may not raise any objections against the Company such as non-delivered Products, request to return the Products, etc. The Buyer shall directly settle with the Seller any issues relating to the obtaining of refunds of the purchase prices, exchange of the Products, etc.
  8. If Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Company, Company may:
    • sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
    • terminate the Contract and claim damages.
  9. We reserve the right to reject any product(s) order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

Article 22.1 (Customs Regulation and Inspections)

  1. If the country of the seller is different from the country of the buyer, the buyer is considered the importer of record and must comply with all laws and regulations of the country in which the buyer is receiving the goods. Buyers should make sure that they can lawfully import the item into the buyer’s country before purchasing the item.
  2. Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the buyer’s country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the item detail page explicitly; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country–please contact your local customs office for further information.
  3. Member’s privacy is important to us, and we know you care how information about your order is used and shared. We would like our international buyers and sellers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.
  4. Company or sellers may provide certain order, shipment, and product information–such as titles–to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us or sellers to state the value of the purchased item directly on the package.
  5. All service fees are subject to GST and other taxes by applicable laws and regulations and the Company will charge sellers such GST and other taxes additionally. Sellers agree that service fees and taxes may be paid by deducting from the purchase price paid by buyers. The Company shall issue receipts or tax invoices for service fees paid by sellers on a monthly basis.

Article 23 (Return/Exchange/Refund/Cancellation)

  1. The Buyer may request for the return or exchange of the Products within seven (7) days from the date on which the Product is delivered. The related laws and regulations. shall prevail over the terms of the transaction provided by the Seller in connection with general matters relating to the return of the Products; provided, however, the Buyer may not be entitled to request return or exchange in any of the following cases:
    1. The Product is damaged due to a cause attributable to the Buyer;
    2. The value of the Product has been significantly reduced due to the use or partial consumption thereof by the Buyer;
    3. The value of the Product has been significantly reduced to the extent that such Product is not resalable due to the time elapsed;
    4. The package of the reproducible Product is damaged;
    5. There are other reasonable grounds based on which the Buyer may not be entitled to request for refund or exchange.
  2. In the event the Company receives the request to exchange or return from the Buyer, the Company shall immediately notify thereof to the Seller.
  3. All necessary expenses such as round-trip delivery costs for the exchange or return shall be borne by a party to whom a cause is attributable.
  4. In the event the return invoice number is not indicated at the time the request for return is made, the return handling proceedings and refund may be delayed.
  5. In the event the request for exchange is made and the Seller does not have the relevant product in stock, the exchange is impossible, in which case such request shall be handled as return of the Products.
  6. The Buyer shall be responsible for all costs incurred in connection with any exchanges made, except where the relevant exchange is made due to defects in the Products, in which case, the Seller shall be responsible for round-trip delivery costs of such defective Products.
  7. The Seller shall be liable for any losses suffered or sustained by the Buyer arising out of the delivery made by the delivery company which has been appointed by the Seller.
  8. In the event the Seller fails to confirm the order information of the Buyer or fails to carry out the delivery procedures for a considerable period of time after having been notified of the payment confirmed by the Company, the Company may cancel the relevant transaction at the request of the Buyer, in which case, the payment in custody of the Company shall be refunded to the Buyer. Moreover, the Company may take steps to undertake the automatic refund procedures, etc. without the request made by the Buyer in accordance with its own policies, in which case such shall be publicly notified in advance.
  9. In the event the Seller fails to actively undertake or delays the procedures to confirm the exchange or return request made by the Buyer, the Company may cancel the relevant transaction after figuring out the cause of such exchange or return request and may refund the payment in its custody to the Buyer.
  10. In the event the Company determines that the Buyer’s request for exchange or return is not justifiable, the Company may cancel such request and pay the payment in its custody to the Seller. Moreover, if the Buyer fails to return the Product, or is not reachable (by telephone, email, etc.), within fourteen (14) days from the date on which the Buyer’s request for exchange, return, etc. has been registered, it shall be deemed that the Buyer has withdrawn its such request and the Company may pay the payment in its custody to the Seller.
  11. If the transaction, for which the payment of the Buyer has been confirmed, is cancelled, the Company shall take the necessary procedures to refund the purchase price to the Buyer within two (2) business days from the date on which the relevant transaction is cancelled. In the case of where the transaction is cancelled for which the payment has been made via credit card, the cancellation of payment approval shall be processed immediately. In the case of where the transaction is cancelled for which the payment has been made using the electric prepayment means of SpanarBOY, the procedures to refund such shall be immediately undertaken.
  12. Any refund of the Products, for which the payment has been made by credit card, shall be made only by cancelling the credit card transaction, and shall not be made in cash; provided, however, that the refund of the delivery charge (in the case of bundle delivery) may be made in Cash after the relevant purchase has been finalized.
  13. The Member may cancel his or her purchase before the Product is delivered. If the request for cancellation is made while the Product is being delivered, such request shall be processed through the return procedure (not through the cancellation procedures).
  14. Any request for cancellation, which is registered after the payment has been completed, shall be completed immediately.
  15. Any request for cancellation, which is made while the Product is being prepared for delivery, shall be completed immediately in principle; however, to the extent that the relevant Product has been already dispatched, the Buyer shall be responsible for the round-trip delivery charges.

Article 24 (Prohibited Acts)

  1. In furtherance of safe transactions, Seller and Buyer are prohibited from directly entering into a transaction (e.g., direct dealing) without using the Payment Protection Services provided by the Company. Any issues or problems arising from such direct dealing shall be borne by the parties thereto, and the Company shall not take any responsibility in relation thereto.
  2. A Seller who are confirmed to have engaged in or induced a direct dealing may be suspended from using the Service or be terminated from the User agreement, and a Member may report such Seller to the Secure Transaction Center operated by the Company.
  3. In furtherance of fair auctions, the Company prohibits false biddings, habitual cancellations of successful bid or returns of auctioned products after purchase, interruptions to auction, manipulation of highest bidding price and any other unfair auction practices.
  4. Upon confirming any unfair auction practice, the Company may rescind and annul the bid and may restrict further biddings, terminate User agreement or take other measures.
  5. Any abnormal use of the Service or access to the system not in conformance with the terms and conditions of the Service provided by the Company is prohibited.
  6. Upon confirming any wrongdoings to the system, the Company may take following measures against the responsible Member: reclaim of additional benefits, in part or in whole, provided by the Company, restriction in use of certain Services, termination of User agreement, etc.
  7. The Service prohibits any purchase from unauthorized use of another person’s identify, credit card information, account information, etc.
  8. Any unusual payment in violation of related law, such as raising funds in disguise of sale of product or supply of service is prohibited. Upon confirming such activity, the Company may suspend or cancel the Member’s transaction and notify relevant authority.
  9. Any unusual transaction exploiting discount rates, etc. provided by the Company and any purchase with no intention of actual purchase (e.g., no actual delivery of product) are prohibited. Upon confirming such activity, the Company may cancel such transaction, restrict use of the Services or terminated User agreement.

Article 25 (Secure Transaction Center)

  1. The Company operates the Secure Transaction Center to resolve legal issues related to safety of transactions, such as infringement of one’s right or violation of laws or regulations, which may arise from Member’s use of the Services.
  2. Secure Transaction Center engages in the following activities.
    1. Taking measures against sale of products unsuitable for sale
    2. Taking measures against any activities infringing upon other person’s rights.
    3. Taking measures against other activities that may threaten safety of transactions or violate laws or regulations.
  3. Member must comply, in good faith, with mediation by the Secure Transaction Center.

Article 26 (Dispute Resolution Center)

  1. The Company shall operate Dispute Resolution Center in order to mediate any disputes between Members or between Member and a third party.
  2. The Company shall engage in the Dispute Resolution Center’s mediation in a fair manner as a third party.
  3. Member must comply, in good faith, with mediation by the Dispute Resolution Center.

Article 27 (Indemnification)

  1. Any transactions between Users arising from or in connection with sale of products, such as shipment of products, returns or withdrawal of subscription, must be proceeded by the buyer and the seller, who are the parties of such transaction. The Company will not be involved in the course of the transaction nor will the Company in any event take responsibility therefor.
  2. The Company shall not be liable for any damages or losses that User or a third party may suffer or sustain as a result of temporary suspension of the Service in accordance with Article 13 Paragraph 2 hereof.
  3. In the event of restriction on or suspension of the Services in accordance with Article 13 Paragraph 3 hereof, the Company shall be released from any responsibility by reason of force majeure.
  4. The Company shall not be responsible for any impairment to use of the Services caused by User’s fault.
  5. The Company shall not be responsible for any damages arising from User’s disclosure or provision of its own personal information to another person.
  6. The Company will not be involved in any transactions between User and a company connected through links, banners, etc. on the Company’s service screen (hereinafter, “Linked Company”). The Company shall not be responsible for such transactions.
  7. The Company does not guarantee accuracy, promptness or appropriateness, etc. of any products or information, etc. provided by a Seller or a third party on the Company’s service screen, nor will the Company in any event be responsible in relation thereto.
  8. The Company shall not be responsible for any modification or suspension of the Services or functions, in part or in whole, in accordance with Article 33 Paragraph 1 hereof.

CHAPTER 3 SPANARBOY PAY SERVICE

Article 28 (Scope of Service)

  1. SpanarBOY Pay Service provides systems in relation to the payment service and payment protection service to assist Seller Members to sell products at the sites other than SpanarBOY, but does not sell or purchase products to/from Members.
  2. In case the payment is made via SpanarBOY Pay Service, you may confirm the said payment history at ‘my account’.
  3. In order to use SpanarBOY Pay Service, Buyer shall fill out a form Company provides with the information about payment details such as name of the product, purchase price. However, such does not apply to the sites interconnected with the one Seller Member operates.
  4. Company which provides SpanarBOY Pay Service is not a party to a transaction between the Members, and such Members personally are responsible for said transactions.

Article 29 (Prohibited Act and its Application)

  1. In relation to the Member’s use of SpanarBOY Pay Service, in case the false information is filled by Members in the form provided by Company, or Members conspire to trade items prohibited by the applicable law, or acts which are against the Company’s reasonable policy are detected, Company may cancel the relevant transaction and take further steps including suspending the membership and terminating the User agreement.
  2. The use of SpanarBOY Pay Service is governed by ‘Terms and Conditions for SpanarBOY Electronic Financial Transaction’, Individual Terms and Conditions, its policy and, to the extent not contrary in its nature, the provisions in ‘Part 2. Services of SpanarBOY (e-commerce agent)’.

CHAPTER 4 MISCELLANEOUS MATTERS

Article 30 (Governing Law and Jurisdiction)

  1. This Agreement, Service User agreement between the Company and Members and any sales transaction between Members shall be governed by the laws of Malaysia.
  2. The Malaysian relevant court shall be the competent court of first instance for any litigation arising from disputes between the Company and User in relation to the Services.

Article 31 (Miscellaneous Provisions)

  1. The Company, if necessary, may temporarily or permanently modify or suspend certain Services or functions, in part or in whole, upon notifying in advance through SpanarBOY websites.
  2. No party hereto can assign, delegate or transfer any rights or obligations under this Agreement to a third party without a written consent of the other party.
  3. The following constitutes integral part of User agreement: (i) in relation to this Agreement, any agreements, covenants or notification, etc. additionally executed upon parties’ agreement and (ii) The Company’s announcement on SpanarBOY website pursuant to change in the Company’s policy, enactment or amendment of laws or regulations or government authorities’ notification or instruction, etc..
  4. The Company shall establish and operate customer service center to actively collect, and provide solutions to, fair opinions or grievances arising from the purchasing Member’s use of the Service and mediate disputes between Members. The Company shall promptly process issues that it considers fair and reasonable upon deliberation of various complaints and opinions raised by Members and, for matters that cannot be immediately processed, shall notify the reason and estimated period to Member via email or telephone.

Article 32 (Member Rating and Review System)

  1. For any Products traded by using the Services, the Company may grant the Member Rating, certain benefits and etc., relating to such rating based on the Points earned in connection with such transaction. The Member Rating, associated benefits and etc. are granted in accordance with the history of the use of the Services and the standards of the Use Policy determined by the Company, the details of which are posted on the relevant Services pages or the start-up screen of the Internet site operated by the Company (any changes to the Member Rating policy, associated benefits and etc. must be notified in accordance with Article 5 (4) of this Agreement).
  2. In the event the relevant Member files an objection in respect of the element of the rating granted to such Member, the Company may adjust all or part of the elements of the rating in consideration of various circumstances such as the explanation given, the credit rating of the relevant Member, etc.
  3. The rating of the Member shall be utilized only as reference materials when the Products are purchased and sold, and it does not guarantee the credit of the Member or indicate the financial status of the Member.
  4. The Buyer of the Products is entitled to indicate its satisfaction for the relevant transaction when the purchase is finalized by using different ratings made available by the Company. The indicated satisfaction of the Buyer is reflected in the assessment of the Seller of the relevant Products. The degree of satisfaction for transaction and the rating shall be posted on the relevant Service pages.
  5. The review of the Products may be written by all Members including the Buyer, which, in principle, must be publicly disclosed. Any person who has written the review of the Products can delete the review prepared by himself or herself. In the event it is determined that the disclosed review of the Products and any attached opinion thereto are not appropriate for public disclosure, the Company is entitled to change or delete the relevant review and attached opinion. When the review of the Products is deleted, any opinion attached to such review is also deleted. The related detailed matters shall be posted on the relevant Services page.
  6. A person, who has provided Products review and the degree of satisfaction concerning the counterparty of the transaction, shall be responsible for such assessment, and the Company does not intervene in ascertaining whether any of these is true.
  7. The Company is entitled to impose sanctions, such as deleting the relevant valuation results and disqualifying the relevant Member from using the Services, etc., if the Member has engaged in any activities in contravention of the purpose and objectives of the Member Rating and the assessment system
  8. The Product review may be deleted or the relevant Member may be disqualified from using the Services in any of the following cases:
    1. if any assessment of the degree of satisfaction has been undertaken in order to fabricate the Member Rating or to manipulate the increase in the degree of satisfaction;

 

  1. if any assessment was performed (and the assessment result thereof), after cash or other compensation was provided and/or promised in return for indication of a high degree of satisfaction and the Product review

 

  1. if engaged in any activities of insulting, causing defamation or damaging credit of a third person, etc. through the Product reviews and any assessment results thereof

 

  1. if using the Member review system in contravention of the purpose and objective of such system.

 

Article 33 (Use of the Trust & Safety Services)

  1. The Company shall provide the Trust & Safety Services to provide the environment where transactions among the Members can be undertaken safely and to improve the reliability of e-commerce services. The Trust & Safety Services mean the services whereby the Company refunds to the Buyer the payment made by the Buyer, in the event the Buyer has made the payment in accordance with the purchase and sale agreement (which payment is then transferred to the relevant Seller by the Company after deducting a predetermined fixed service fees therefrom in case the Buyer received the Products from the Seller) but the Buyer has not received the Products from the Seller or the Buyer requests for refund after having the Products returned to the Seller even if the Buyer received the Products from the Seller.
  2. The Trust & Safety Services apply to all Products purchased at SpanarBOY.
  3. The Trust & Safety Services is provided for the purpose of enhancing the safety and reliability of the purchase and sale of the Products among the Members and protecting the Buyer who is required to make payment before he or she receives the Products.
  4. The provision of the Trust & Safety Services by the Company does not make the Company a representative of the Seller or the Buyer, nor does it mean that the Company is acting as a proxy for the Buyer and Seller in carrying out the obligations of the Seller or the Buyer in connection with the purchase and sale of the Products.
  5. Any remittance charges, etc. incurred in connection with making payment of the Products through the payment settlement agent services provided by the Company shall be borne by the Buyer who remit the payment.
  6. The Company cannot be requested to return any interests, etc. , that are incurred on the payments that are in custody of the Company and subsequently obtained by the Company, in the course of providing the Payment Protection Services.
  7. Any Buyer, who uses the Payment Protection Services, shall express his or her intent to finalize the purchase, exchange or return at the time when the Products are delivered to the Buyer.
  8. The Trust & Safety Services are terminated when the Buyer expresses his or her intent to finalize the purchase or it is deemed that the Buyer has such intent.
  9. In the event the Buyer fails to express his or her intent to exchange or return within the Purchase Finalization Period following the completion of the delivery of the relevant Products, it shall be deemed that the Buyer has the intent to finalize the purchase.
  10. In the event the Buyer has the intent to finalize the purchase or it is deemed that the Buyer has such intent, the Company may remit the related payment of the Products to the Seller in accordance with the related regulations of the Act on Consumer Protection in Electronic Commerce, Etc.
  11. In the case of the occurrence of the grounds to withdraw, cancel, terminate, nullify or etc. the agreement after the termination of the Payment Protection Services, the Buyer shall undertake the relevant procedures directly with the Seller to withdraw, cancel, terminate or etc. the agreement and to obtain a refund of the purchase price.

SpanarBOY.com is owned and operated under Virtual Era Sdn Bhd. (company registration number: 1143340-K). Products listed on SpanarBOY operated by Virtual Era Sdn. Bhd. are registered by seller. Hence, Virtual Era Sdn. Bhd. is not responsible for the product details.