TERMS OF SERVICE
Published on: 03 November 2020
1.1 Welcome to the Aladdin website (the ” Platform”). Before using this Platform or opening an Aladdin account (“Account”), please read the following Terms of Service carefully so that you are informed and aware of your legal rights and responsibilities with regard to Aladdin Commerce Sdn. Bhd. (Company No. 202001029541 (1385861P)), its affiliates, associates and subsidiaries (collectively “Aladdin”, “we”, “us” or “our”). These Terms of Service govern your access and use of the Platform which we provide or make available (“Service”) including but not limited to (a) the Platform, (b) the services provided by the Platform and by Aladdin client software made available through the Platform, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services or any other materials made available through the Platform or its related services (“Content”). These Terms of Service shall also extend to any additional functionality added to or modified by the Services. These Terms of Service govern your use of Services provided by Aladdin.
1.2 The Services include an online platform service which provides a medium and opportunity for the sale of products between the customer (“Customer”) and the merchant (“Merchant”) (“You”, “Users” and/or “Parties” collectively). The actual sales contract shall be directly between the Customer and the Merchant, and Aladdin shall not be a party to that contract or to any other contract between the Customer and the Merchant, and shall not be bound by any other contract. The parties to the deal shall be solely responsible for the contract of sale between them the listing of the goods, the promise of purchase and the like. Aladdin is not interested in the user-to-user transaction. Aladdin may or may not pre-screen users or the users’ content or information. Aladdin reserves the right, in compliance with Section 6.4 herein, to delete any content or information posted by users on the Platform. Aladdin is unable to guarantee, warrant and ensure that a transaction will eventually be completed by users.
1.4 Aladdin reserves the right, as required by local laws, to alter, adjust, suspend or discontinue all or any part of this Platform or of the Services at any time or upon notice. Aladdin may release beta versions of such Services, which their functionality may not work properly or in the same way that the final version may work, and Aladdin shall not be held responsible in such cases. Aladdin can also, in its absolute discretion and without notice or liability, impose limitations on certain features or restrict your access to sections of, or the entirety of, the Platform or the Services.
1.5 Aladdin reserves the right, for any reason, to refuse to give you access to the Platform or to the Services or to allow you to open an account.
YOU GIVE YOUR IRREVOCABLE APPROVAL AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO BY USING ALADDIN SERVICES OR OPENING AN ACCOUNT.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS THE PLATFORM AND/OR USE OUR SERVICES. IF YOU ARE UNDER THE AGE OF 18 OR THE MAJORITY AGE, IN ACCORDANCE TO THE RELEVANT LAWS IN YOUR RESIDING COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION OR CONSENT FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR ASSISTANCE. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO CREATES AN ACCOUNT, YOU MUST ACKNOWLEDGE THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
(ii) agree and accept that the proprietary rights of your User Information are jointly held by you and Aladdin; and
(iii) shall not reveal your User Information to any third party, either directly or indirectly, or otherwise allow any third party, without the prior written consent of Aladdin, to access or use your User Information.
2.2 Users in possession of personal data of another User by the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all relevant personal data protection laws with respect to any such data; (ii) enable the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to delete his or her data so collected from the database of the Receiving Party; and (iii) enable the Disclosing Party to check, in accordance with and where appropriate by relevant laws, what information the Receiving Party has collected about him or her, in each case of (ii) and (iii) above.
3. LIMITED AUTHORIZATION
3.1 Aladdin grants you, subject to the terms and conditions of these Terms of Service, a limited and revocable authorization to access and use the Services. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (hereinafter referred to as “Intellectual Property”) displayed in the Platform are the property of Aladdin and where applicable, third party proprietors identified in the Platform. No right or licence to use or reproduce any Intellectual Property is given explicitly or indirectly to any party accessing the Platform, and no party accessing the Platform shall assert any right, title or interest therein. You agree to comply with the copyrights, trademarks, service marks, and all other relevant laws that protect the Services, the Platform and its Content when using or accessing the Services. You accept that you will not copy, distribute, republish, upload, view publicly, publicly perform, alter, modify, rent, sell, or construct derivative works of any portion of the Services, the Platform or its Content. You cannot mirror or frame any part or all of the contents of this Platform on any other server or as part of any other website, without our prior written consent. In addition, you accept that without our prior written consent, you will not use any robot, spider or any other automated system or manual process to track or copy our Content (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 If your website does not indicate any approval by or association with Aladdin, you are welcome to connect to the Platform from your website. You accept that Aladdin can discontinue, in its sole discretion and at any time without notice, the provision of the Services either in part or as a whole.
The provisions of these Terms of Service shall extend to any software provided by us to you as part of the Services. Aladdin reserves all rights to the programme which Aladdin does not expressly grant hereunder. Any third-party scripts or code connected to or referenced from the Services shall be licensed to you by the third parties that owning such scripts or code, and not by Aladdin.
5. ACCOUNTS AND SECURITY
5.2 You agree to (a) keep your password private and use only your User ID and password when logging in, (b) ensure that you log out of your account at the end of each session on the Platform, (c) immediately notify Aladdin of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is correct and current. Even if those actions or uses have not been performed by you, you are entirely responsible for all activities that occur under your User ID and Account. Aladdin shall not be responsible for any loss or harm resulting from unauthorised use of your password or your failure to comply with the provisions of this Section.
5.3 You accept that Aladdin may immediately terminate your Account and your User ID, remove or discard from the Platform any Content associated with your Account and User ID, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Aladdin deems necessary, for any reason, in its sole discretion and with or without notice or liability to you or any third party. Reasons for such actions may include but not limited to, actual or suspected (a) prolonged periods of inactivity, (b) violation of these Terms of Service, (c) unauthorised, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) multiple user accounts, (e) purchase of goods on the Platform for the purpose of commercial re-sale, (f) irregular or unreasonable purchase of products from the same Merchant or related group of Merchants, (f) misuse of vouchers (including but not limited to, the sale of vouchers to third parties and irregular or improper use of vouchers on the Platform), or (g) behaviour that is detrimental to Aladdin’s business interests, third parties or other Users. Usage of an Account for unlawful, fraudulent, harassing, defamatory, threatening or abusive purposes can be referred to law enforcement authorities without notice to you. Aladdin may terminate your Account immediately with or without notice if a legal dispute occurs or law enforcement action is commenced concerning your Account or your use of the Services for any reason whatsoever.
5.4 Users can terminate their Account if they notify Aladdin of their wish to do so in writing (including via email at email@example.com). Notwithstanding any such termination, Users shall remain liable and responsible for any incomplete transaction (whether initiated prior to or after such termination), product shipment, product payment or the like, and Users shall contact Aladdin after all incomplete transactions in accordance with the Terms of Service have been promptly and effectively carried out and completed. Aladdin shall have no responsibility whatsoever and shall not be responsible for any damages incurred due to the actions taken pursuant to this Section. Users waive any and all claims based on any such action taken by Aladdin.
5.5 You can use the Services and/or open an Account if you are located in one of our approved countries, which is updated from time to time.
6. TERM OF USE
6.1 The license for use of this Platform and the Services shall remain in force until it has been terminated. This license will expire as set out in these Terms of Service or if any provision or condition of these Terms of Service is not complied with by you. In any such case, Aladdin can, with or without notice to you, effect such termination.
6.2 You agree not to:
(a) upload, publish, distribute or otherwise make available any Content that is illegal, dangerous, threatening, violent, harassing, disturbing, distressing, tortuous, defamatory, vulgar, obscene, libellous, privacy-invasive, hateful or racially, ethnically or otherwise objectionable;
(b) violate any legislation, including without limitation any laws and regulations relating to limitations on export and import, rights of third parties or our Prohibited and Restricted Items policy;
(c) upload, publish, distribute or otherwise make available any Content involving an unattended minor or use the Services to harm minors in any way;
(d) use or upload Content on the Platform to impersonate another individual or entity, or otherwise misrepresent your association with an individual or entity;
(e) forge headers or otherwise exploit identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) delete any proprietary notices from the Platform;
(g) trigger, permit or authorize, without the express permission of Aladdin, the alteration, development of derivative works, or translation of the Services;
(h) use of the Services for the benefit of any third party, or in any manner not aprroved by the licenses granted herein;
(i) use of the Services or upload Content in a manner that is fraudulent, unconscionable, false, deceptive or misleading;
(j) open and/or run numbers of user accounts in connection with any conduct that violates these Terms of Service;
(k) use an emulator, simulator, bot or other similar hardware or software to access the Platform, open a user account, or otherwise access your user account;
(l) manipulating the price of any item or interfering with other User’s listings;
(m) take any action that may impede the feedback or rating systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any Aladdin encryption technology or security measures in relation to the Services and/or data transmitted, processed or stored by Aladdin;
(o) harvesting or collecting any information concerning or relating to other account holders, including, without limitation, any personal data or information;
(p) upload, publish, send, distribute or otherwise make available any Content that you do not have a right to make available under any statute or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, publish, send, distribute or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, publish, send, distribute or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
(s) upload, publish, send, distribute or otherwise make available any material containing software viruses, worms, trojan-horses or any other computer code, routines, files or programs intended to interfere directly or indirectly, exploit, disrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal dialogue flow, cause a screen to “scroll” faster than other Users of the Services can type, or otherwise behave in a way that adversely affects the ability of other Users to participate in real time exchanges;
(u) interfering with, exploiting or disturbing the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobeying any criteria, processes, policies or regulations of networks connected to the Platform;
(v) take any action or engage in any conduct that could harm, disable, overload, or impair the Services or the servers or networks connected to the Services, directly or indirectly;
(w) use the Services to deliberately or unintentionally infringe any relevant local, state, national or international statute, law, code, directive, guideline, policy or regulation including, without limitation, relevant anti-money laundering or counter-terrorism laws and requirements (whether or not having the force of law);
(x) use the Services to invade others’ privacy or to “stalk” or otherwise harass others;
(y) infringement of Aladdin’s rights, including any intellectual property rights and any assignment of those rights;
(z) use the Services to collect or store personal data concerning other users in connection with the above-mentioned prohibited behaviour and activities; and/or
(aa) list products that infringe third parties’ copyright, trademark or other intellectual property rights, or use the Services in a way that infringes others’ intellectual property rights.
6.3 You recognise that all Content is the sole responsibility of the person from whom such Content originated, whether publicly posted or privately transmitted. This means that for any material that you upload, post, email, distribute or otherwise make available via the Platform, you are entirely responsible for all Content, not Aladdin. You recognise that you can be exposed to Content that you may consider to be offensive, indecent or objectionable by using the Platform. Aladdin shall not be responsible in any way for any Content to the fullest degree permitted by applicable law, including but not limited to, any errors or omissions in any Content, or any loss or harm of any sort incurred as a result of the use of, or dependence on any Content uploaded, emailed, transmitted or otherwise made available on the Platform.
6.4 You acknowledge that, in their absolute discretion, Aladdin and its designated parties shall have the right (but not the obligation) to pre-screen, reject, edit, stop, suspend, delete or transfer any Content that is available on the Platform, including without limitation any Content or information posted by you. Without restricting the bove, Aladdin and its designated parties shall have the right to delete any Content (i) that violates these Terms of Service; (ii) receives a complaint from another User; (iii) receives a notice of intellectual property violation or other legal orders for removal; or (iv) otherwise object to such Content. As part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions, we can also prevent the transmission of communication (including, without limitation, status changes, postings, messages and chats) to or from the Services. You accept that the use of any Content, including, without limitation, any dependence on the accuracy, completeness, or usefulness of such Content, must be assessed and bear all risks associated with it. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Aladdin or submitted to Aladdin, including, without limitation, information in all other parts of the Platform.
6.5 You accept, consent and agree that Aladdin may access, preserve and disclose your Account information and Content if required to do so by law or by order of a court or any governmental or regulatory authority having jurisdiction over Aladdin or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with the legal process; (b) implement these Terms of Service; (c) respond to complaints that any Content infringes the rights of third parties; (d) respond to your customer service requests; or (e) protect Aladdin, its Users and/or the public’s rights, property or personal protection.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy can result in a span of actions, including any or all of the following, without limitation:
– deletion of listing;
– limitations imposed on privileges of account;
– suspension of account and subsequent termination;
– criminal charges;
– civil proceeding, including without limitation, claims for damages and/or temporary or injunctive relief.
7.2 If you believe that any User of our Platform is in violation of these Terms of Service, please contact firstname.lastname@example.org.
8. REPORTING INTELLECTUAL PROPERTY RIGHTS VIOLATIONS
8.1 Users are separate individuals or organisation and are not affiliated in any way with Aladdin. Aladdin is neither the agent nor representative of the Users and does not own or possess any of the products listed on the Platform.
8.2 If you are the owner of an intellectual property right (“IPR Owner”) or an agent properly approved by an IPR Owner (“IPR Agent”) and you certain that your right or the right of the principal has been infringed, please inform us in writing by sending an email to email@example.com and copy firstname.lastname@example.org and provide us with the documentation requested below to support your complaint. Do allow us time to process the information provided, and we will respond to your complaint as soon as practicable to do so.
8.3 Complaints made under this Section 8 shall be made in the format specified by Aladdin, which may be revised from time to time, and shall include at least the following: (a) the physical or electronic signature of the IPR Owner or IPR Agent (collectively, “Informant”); (b) a summary of the type and nature of intellectual property right alleged to be infringed and proof of rights; (c) description of the listing which contains the alleged infringement; (d) sufficient information to allow Aladdin to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a declaration by Informant that the complaint is filed on good faith and that the use of the intellectual property as identified by the Informant is not permitted by the IPR Owner or the law; (f) a declaration by the Informant that the information contained in the notice is correct, indemnify Aladdin for any damages we might incur as a result of the information given by and that the Informant is entitled or is allowed to act on behalf of the IPR Owner on the complaint.
9. PURCHASE AND PAYMENT
9.1 Aladdin accepts one or more of the following payment methods in the country it operates in:
(i) Credit/Debit Card
Card payments are processed by third-party payment channels and the type of credit cards accepted by these payment channels may differ depending on the jurisdiction you are in.
(ii) Bank Transfer
Customer can make payments through internet bank transfer (“Bank Transfer”) to our designated Aladdin Assurance Account (as defined in Section 11).
9.2 Customer can only change their preferred payment method for their purchase before payment is made.
9.3 Aladdin accepts no responsibility and have no liability for any loss or damages to Customer resulting from shipping information and/or payment information entered by the Customer or incorrect transfer by Customer in connection with the payment of the purchased goods. We reserve the right to verify that Customer is properly approved to use certain payment method, and may postpone the transaction until such authorisation has been verified or, if such confirmation is not available, cancel the relevant transaction.
9.4 Aladdin is currently only able to make payment to Users through bank transfer or Aladdin e-wallet. Hence, Users shall indicate their preferred mode of refunds to Aladdin and if the user choose to refund via bank transfer, the user is required to provide Aladdin with his/her banking details in order to receive payments i.e. from the sale of item or refund from Aladdin.
10. ALADDIN WALLET
10.1 Aladdin Wallet is a service offered by Aladdin or its authorised agent to facilitate the storage of money you obtain from your sales proceeds and refunds for transactions made via bank transfer, card payment or your Aladdin Wallet. The amount of this money will be reflected as your balance of Aladdin Wallet, minus any withdrawals.
10.2 By submitting a transfer request (“Withdrawal Request”), you can transfer funds from your Aladdin Wallet (up to the amount of your Aladdin Wallet balance) to your linked bank account (“Linked Bank Account”), up to a limit of once per day. Aladdin may also transfer funds from your Aladdin Wallet to your Linked Bank Account automatically on a regular basis, as determined by Aladdin. Aladdin can process such transactions only on business days, and it can take up to two (2) business days for it to be credited to your Linked bank account.
10.3 Each User is entitled to a maximum number of two (2) free Withdrawal Requests per week. For each additional Withdrawal Request made in excess of such maximum number within a given week, Aladdin may impose a fee of RM0.11 (“Withdrawal Fee”). The Withdrawal Fee is subjected to Sales and Service Tax (“SST”). The maximum number of free Withdrawal Requests each User is entitled to and the amount of Withdrawal Fees charged are subject to change at Aladdin’s discretion.
10.4 Money from your sale of goods on Aladdin will be credited to your Aladdin Wallet within three (3) days after the item is delivered to Customer or immediately after the Customer has acknowledged that the item has been received by them. Money from refunds of goods on Aladdin will be credited to your Aladdin Wallet within one (1) day after the return or refund request being accepted.
10.5 You cannot change or cancel a Withdrawal Request once it is submitted.
10.6 You authorize us to initiate debit or credit entries to your designated bank account if there is an error in the processing of any transaction, and to correct such error, provided that any such correction is made in compliance with relevant laws and regulations. You authorize us to resubmit the debit plus any relevant fees to any other bank account or payment instrument that you have on file with us (“Alternative Account”) or to deduct the debit and applicable fees from your Aladdin Wallet balance in the future, if we are cannot debit your designated bank account for any reason, whatsoever. If we are unable to credit your Alternative Account, for any reason, we reserve our right to manage or process such money in compliance with the relevant law, including the Unclaimed Moneys Act 1965.
10.7 You authorize us to initiate debit or credit entries to your Aladdin Wallet:
(i) to correct any errors in the processing of any transaction;
(ii) where Aladdin has decided that you have engaged in activities and/or transactions that are fraudulent or suspicious;
(iii) in relation to any items that is missing, damaged or incorrect;
(iv) in relation to any any rewards or rebates;
(v) in connection with any uncharged fees;
(vi) in connection with the settlement of any transaction dispute, including any compensation owed to, or from you;
(vii) in accordance with any illegal items or items that are detained by customs; and
(viii) in respect to any change of mind agreed to by both the Customer and Merchant.
11. ALADDIN ASSURANCE
11.1 Aladdin Assurance is a service offered by Aladdin or its authorised agent to secure purchases. In order to protect against the risk of liability, payment for purchases made to Merchant using the Services will be held by Aladdin or its authorised agent (“Aladdin Assurance Account”). Merchant will not gain interest or other earnings from the sum you have paid into Aladdin Assurance Account.
11.2 After Customer makes payment for his/her order (“Customer’s Purchase Monies”), Customer’s Purchase Monies will be held in Aladdin Assurance Account until:
(a) Customer sends confirmation to Aladdin that the Customer has received his/her purchased goods, in which case, unless 11.2(d) applies, Aladdin shall release Customer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below) in Aladdin Assurance Account to Merchant;
(b) Aladdin Assurance Period (or any approved extension under 11.3) expires, in which case, unless 11.2(c) or 11.2(d) applies, Aladdin will release Customer’s Purchase Monies (less the Payment Fee and Tax Amount, and (if applicable) the Cross Border Fee in Aladdin Assurance Account to Merchant;
(c) Aladdin confirms that Customer’s application for a return of goods and/or refund is successful, in which case, unless 11.2(d) applies, Aladdin shall, according to and in compliance with the Refunds and Return Policy, refund to Customer;
(d) such other time as Aladdin fairly decide that it is reasonable to distribute the Customer’s Purchase Monies (less the Payment Fee and Tax Amount, and (if applicable) the Cross Border Fee including, without limitation, where it considers reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.
Aladdin Assurance is only offered to Customers who have made payment through the channels provided by Aladdin into Aladdin Assurance Account. Any offline arrangements between Customer and Merchant will not be covered under Aladdin Assurance.
11.3 Payments made through Aladdin channels will be held in the Aladdin Assurance Account for a specified period of time spanning from five (5) to seven (7) working days (the “Aladdin Assurance Period”), varies due to days to ship and delivery time by logistic partner. Customer may apply for a one-time extension of Aladdin Assurance Period prior to the expiry of the applicable Aladdin Assurance Period, subject to and in accordance with the Refunds and Return Policy. Upon Customer’s application, Aladdin Assurance Period may be extended for a maximum period of three (3) days unless Aladdin in its sole discretion determines that a longer extension is appropriate or required.
11.4 If, for any reason, the bank account of the Merchant cannot be credited and/or the Merchant cannot be contacted, Aladdin will make reasonable efforts to contact the Merchant using the contact details provided by him/her. We reserve our right to administer or process Customer’s Purchase Monies in accordance with the relevant law, including the Unclaimed Moneys Act 1965, in the event that the Merchant cannot be contacted for more than twelve (12) months after being due to the Merchant and such monies remain unclaimed.
11.5 Merchant/Customer shall be the beneficial owner of the Account and shall only perform transaction on the Platform only on behalf of him or herself. Aladdin may require Merchant or Customer to provide his or her personal data for verification purposes, including verification required by third party payment processing and logistic service providers such as recent identity photograph, bank account details and/or any other such documentation required. The Merchant/Customer hereby grants Aladdin his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Platform. In addition, Merchant/Customer authorises Aladdin to use his/her personal data to make any inquires we consider necessary to verify his/her identity with the appropriate entity such as his/her bank.
11.6 In addition and without restriction, the Aladdin Assurance is subject to Customer and Merchant obligations under relevant law, which can go above and beyond what is provided for by the Aladdin Assurance. The Aladdin Assurance is neither intended nor designed to assist Customer or Merchant in meeting with its own legal obligations, for which each party will remain solely responsible, and Aladdin assumes no responsibility. The Aladdin Assurance does not represent a product warranty without limits.
11.7 Customer and Merchant accept and agree that the decision of Aladdin (including any appeals) relating to any issues regarding the Aladdin Assurance is final.
11.8 For the avoidance of doubt, any transactions not performed on the Platform shall not qualify for the security provided by Aladdin Assurance.
12.1 Aladdin will inform Merchant when Aladdin receives Customer’s Purchase Monies. Unless otherwise agreed with Aladdin, Merchant should then make the necessary arrangements to process and dispatch the purchased item within 1-3 working days to Customer and provide details such as the name of the delivery company, the tracking number, and etc. to Customer through the Platform.
12.2 Merchant must use his/her best efforts to ensure that the purchased goods are received by Customer within the Aladdin Assurance Period.
12.3 Users recognise that Merchant assumes all risk attached to the delivery of the purchased good(s) and warrants that he/she has or will receive sufficient insurance coverage for the delivery of the purchased good(s). Users accept and agree that Aladdin will not be liable for any damage, expense, cost or fees arising from it and Merchant and/or Customer will reach out to the logistic service provider to resolve such dispute, in the event that the purchased good(s) is damaged, lost or failure of delivery during the course of delivery.
12.4 For Cross-Border Transaction, Users recognise and agree that, where a product listing states that the product will ship from overseas, such product is being sold from a Merchant based outside of Malaysia, and the importation and exportation of such product is subject to local laws and regulations. Users should become familiar with all import and export restrictions applicable to the designating country. Users accept that Aladdin is unable to provide any legal advice in this regard and recognise that Aladdin shall not liable to bear any risks or obligations relating to the import and export of such goods to Malaysia.
13. CANCELLATION, RETURN AND REFUND
13.1 Customer can cancel his/her order only before the payment of Customer’s Purchase Monies into Aladdin Assurance Account.
13.2 Customer may request for the return of the purchased item and refund before the expiry of Aladdin Assurance Period, if applicable, subject to and in accordance with Aladdin’s Refunds and Return Policy. For more details, please refer to Aladdin’s Refunds and Return Policy.
13.3 Aladdin retains the right to cancel any transaction on the Platform and Customer accepts that Customer’s only remedy will be getting a refund of the Customer’s Purchase Monies paid into Aladdin Assurance Account.
14. MERCHANT’S RESPONSIBILITIES
14.1 The Merchant shall properly manage and ensure that relevant information, such as price and item description, stock quantity and terms and conditions of sale, is updated on Merchant’s listing and shall not show inaccurate or misleading information.
14.2 The Merchant may decide the price of goods for sale at his/her own discretion. The price of the good and delivery costs shall include the whole amount to be charged to Customer, such as sales tax, value-added tax, tariffs, etc. and Merchant shall not charge Customer such amount additionally and separately.
14.3 Merchant accepts that Aladdin, at its discretion, may engage in promotional activities to encourage transactions between Customer and Merchant by reducing, discounting or refunding fees, or in other ways. The final price to be paid by Customer will actually be the price that such adjustment is applied to.
14.4 Aladdin may post goods listed by Merchant (at an adjusted price) on third-party websites (such as portal websites and price comparison websites) and other websites (domestic or foreign) operated by Aladdin, for the purpose of promoting such goods.
14.5 When Customer request, Merchant shall issue receipts, credit card slips or tax invoices to Customer.
14.6 Merchant understands and accepts that Merchant will be responsible for the payment of all taxes, customs and duties for the goods sold and Aladdin cannot offer any legal or tax advice in this matter. Merchants are recommended to seek professional advice if in doubt, as tax laws and regulations may change from time to time.
14.7 Merchant represents and warrants that they are the brand owner of the products sold on the Platform or has all the necessary authority, right, relevant authority certificate such as Halal certificate and/or licence to distribute or deal the products sold on the Platform. For the avoidance of doubt, the Merchant shall be deemed as the sole owner of the products and shall be solely responsible and liable for all aspects of the good and/or services provided on the Platform.
14.8 Merchant recognise and accepts that the violation of any of Aladdin’s policies by Merchant would result in a span of actions as defined in Section 7.1.
15. TRANSACTION FEES
15.1 For all successful transactions fulfilled on the Platform, Aladdin charges a fee (“Transaction Fee”). The Transaction Fee shall be borne by the Merchant, and is calculated at two percent (2%) of the Customer’s Purchase Monies, rounded up to the nearest cent. The Transaction Fee shall be subject to SST (“Tax Amount”), and the Merchant is responsible for such Tax Amount.
15.2 For Merchants located outside of Malaysia, Aladdin charges a fee for all successful transactions completed on the Platform (“Cross Border Fee”). The Cross Border Fee shall be borne by the Merchant, and shall be determined on the basis of rates as notified to such Merchants from time to time on the Platform.
15.3 Following the successful completion of a transaction, Aladdin shall deduct the Transaction Fee and the Tax Amount, the Cross Border Fee (as applicable) and any Commission Fee from the Customer’s Purchase Monies, and remit the balance to the Merchant in accordance with Section 11.2. Aladdin shall, upon request, issue receipts or tax invoices for the Transaction Fee and Tax Amount paid by Merchant.
16.1 In the circumstance which a problem occurring in a transaction, the Customer and Merchant agree to communicate with each other first in order to try to settle such dispute through mutual discussions, which Aladdin would use reasonable commercial efforts to facilitate. Users can approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction if the matter cannot be resolved by mutual discussions.
16.2 Each Customer and Merchant undertakes and agrees that any claim against Aladdin or its Associates (except where Aladdin or its Associate is the Merchant of the product that the claim relates to) in relation to any transaction made on the Platform or any dispute related to such transaction shall not be brought to suit or otherwise asserted.
16.3 Users protected by Aladdin Assurance can, upon request, submit a written request to Aladdin to assist them in resolving issues that may arise from a transaction. Aladdin can take all necessary measures to assist Users in resolving their dispute, may, at its sole discretion and without any responsibility whatsoever to Merchant and Customer. Please refer to Aladdin’s Refunds and Return Policy for more information.
16.4 For clarity purpose, only Customers covered by the Aladdin Assurance are eligible for the services rendered under this Section 16. Customers shall contact Merchant directly if his/her are using other payment methods for his/her purchase.
17.1 Aladdin welcomes our Users’ information and feedback which will allow Aladdin to further enhance the quality of the service provided. For further details, please refer to our feedback procedure below:
(i) Feedback can be given in writing via email to us at email@example.com or the feedback section found on the Platform.
(ii) Anonymous feedback will not be accepted by us.
(iii) Users affected by the feedback should be fully aware of all the facts and given the opportunity to bring forward their case.
(iv) We will not entertain vague and defamatory feedback.
18.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ALADDIN OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, NON-INFRINGEMENT, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE FULL EXTENT ALLOWED BY RELEVANT LAW, ALADDIN DOES NOT WARRANT THAT THE SERVICES, THIS PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
18.2 YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT ALLOWED BY RELEVANT LAW.
18.3 ALADDIN HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY RELEVANT LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF MERCHANTS TO SELL ITEMS OR OF CUSTOMERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE ALADDIN AND ITS ASSOCIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
19. EXCLUSIONS AND LIMITATIONS OF LIABILITY
19.1 TO THE MAXIMUM EXTENT PERMITTED BY RELEVANT LAW, IN NO EVENT SHALL ALADDIN BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER TYPE), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF ALADDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2 YOU UNDERSTAND AND ACCEPT THAT YOUR ONLY RIGHT WITH REGARD TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO APPLY FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
19.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, ALADDIN IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM DEGREE PERMITTED BY RELEVANT LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE ALADDIN ASSURANCE; AND (B) RM200 (TWO HUNDRED RINGGIT MALAYSIA) ONLY.
19.4 NOTHING IN THESE TERMS OF SERVICE SHALL RESTRICT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ALADDIN’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF ALADDIN THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
20. LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE
20.1 Third party links provided throughout the Platform will enable you to leave this Platform. These links are provided only as a courtesy, and the websites to which they connect are not under Aladdin’s control in any way whatsoever, and you therefore have access to them at your own risk. Aladdin shall not be liable in any way for the contents of any such linked website or any link found within the linked website, including any modifications or changes to such websites. Aladdin merely provides these links for convenience, and the use of any link in any way does not imply or convey Aladdin’s affiliation, support or sponsorship of any linked website and/or any of its content therein.
20.2 Aladdin permits you to share videos from YouTube on the Aladdin video feature (“YouTube Content”). By sharing YouTube Content, you hereby agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).
21. YOUR CONTRIBUTIONS TO THE SERVICES
21.1 You represent and warrant that you have all necessary rights and/or permissions to grant Aladdin the licenses below by submitting Content for inclusion on the Services. You further accept and agree that you are solely responsible for everything that you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant a permanent, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to Aladdin and its successors to use, reproduce, distribute, republish, transmit, modify, adapt, create derivative works of, publicly view, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for the purpose of promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You recognise that your contribution can be distributed over different networks and updated to adhere and adapt to technical requirements.
22. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
22.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal limitations associated with their Content contribution. As such, Aladdin is not for checking or confirming, on a regular basis, the accuracy, reliability, nature, rights clearance, compliance with law and legal constraints associated with any contribution of Content. You shall not hold Aladdin accountable for any User’s actions or inactions, including, without limitation, items posted or otherwise made available via the Services.
22.2 In addition, the Services may include links to third party products, websites, services and offers. Aladdin does not own or manage these third-party links, goods, websites and services. Instead, they are run and owned by the respective third parties, and may be protected by relevant copyright or other intellectual property laws and treaties. Aladdin has not reviewed, and assumes no liability for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you accept that Aladdin shall not be held responsible in any manner due to your use of, or failure to use, any website or widget. You further understand and accept that Aladdin can disable your use of, or remove, any third-party links, or applications on the Services to the extent they violate these Terms of Service.
23. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all relevant laws, rules, codes, directives, guidelines, policies and regulations.
24. Fraudulent or suspicious activity
If Aladdin, in its sole discretion, believes that you may have engaged in any conduct and/or transactions that are potentially fraudulent or suspicious, we may take various actions to protect Aladdin, other Customers or Merchants, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we can take include but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may suspend your eligibility for Aladdin Assurance;
(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by competent courts in Malaysia or elsewhere and directed to Aladdin;
(d) We may refuse to provide the Services to you now and in the future;
(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Aladdin or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
For the purposes of this Section:
“Chargeback” means a request that a Customer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
“Claim” means a challenge to a payment that a Customer or Merchant files directly with Aladdin.
“Reversal” means the reversal of a payment by Aladdin because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by Aladdin, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other Aladdin policy, or (e) Aladdin decided a Claim against you.
You accept to indemnify, protect and hold harmless Aladdin and its shareholders, subsidiaries, associates, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Platform, or any dispute in relation to such transaction (except where Aladdin or its Associates is the Merchant in the transaction that the dispute relates to), (b) the Aladdin Assurance, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Aladdin, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.
Where any provision of these Terms of Service is deemed to be unlawful, invalid, or unenforceable for any reason under the law of any jurisdiction, that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction, nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
27. GOVERNING LAW
Without regard to its conflict of law rules, these Terms of Service shall be governed by and construed in accordance with the laws of Malaysia. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to Aladdin or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of Asian International Arbitration Centre (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section, unless otherwise required by relevant laws. There will be one (1) arbitrator and the language of the arbitration shall be English.
28. GENERAL PROVISIONS
28.1 Aladdin reserves all rights not expressly stated herein.
28.2 Aladdin may alter these Terms of Service at any time by posting the revised Terms of Service on this Platform. Your continued use of this Platform after such changes which has been posted shall constitute your acceptance of such revised Terms of Service.
28.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
28.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Aladdin, nor does it authorise you to incur any costs or liabilities on Aladdin’s behalf.
28.5 The failure of Aladdin at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
28.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Aladdin’s affiliates and subsidiaries (and each of Aladdin’s and its affiliates’ and subsidiaries’ respective successors and assigns).
28.7 The terms and conditions set out in these Terms of Service and any agreements and policies included or referred to in these Terms of Service shall constitute the entire agreement and understanding of the parties with respect to the Services and the Platform and shall supersede any prior agreement or understanding between the parties in relation to such subject matter. The parties hereby also exclude all implied terms in fact. The parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any party other than as specifically provided in these Terms of Service in entering into the agreement formed by these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies that it might otherwise have had in relation to either any of the above, except for this Section. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
28.8 You agree to comply with all relevant anti-bribery and corruption laws, statutes, regulations and codes including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Malaysia Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
28.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Platform, please contacts us at: firstname.lastname@example.org.
LEGAL NOTICES: Please send all legal notices to email@example.com and Attention it to the “Legal Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH ACCOUNT” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.