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Welcome to Myclicks

TERMS OF SERVICE

 

1.           INTRODUCTION

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

2.       PRIVACY

 

2.1     Your privacy is very important to us at mycliks. To better protect your rights we have provided the mycliks.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how mycliks collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:

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

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

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

 

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

 

3.       LIMITED LICENSE

 

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

 

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

 

4.           SOFTWARE

 

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

 

5.       ACCOUNTS AND SECURITY

 

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

 

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

 

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

 

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

 

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

 

6.           TERM OF USE

 

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

 

6.2        You agree not to:

 

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

 

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

 

(c)          use the Services to harm minors in any way;

 

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

 

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

 

(f)           remove any proprietary notices from the Site;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

7.           VIOLATION OF OUR TERMS OF SERVICE

 

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

 

-             Listing deletion

 

-             Limits placed on Account privileges

 

-             Account suspension and subsequent termination

 

-             Criminal charges 

 

-             Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

 

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

 

8.           REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

 

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



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

 

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

 



9.           PURCHASE AND PAYMENT

 

9.1        Mycliks supports one or more of the following payment methods in each country it operates in:

(i)           Credit Card

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

 

(ii)          Cash on Delivery (COD)

Mycliks provides COD services in selected countries and products . Buyers may pay cash directly to the deliver agent upon their receipt of the purchased item.

 

(iii)         Bank Transfer

Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated mycliks account (as defined in Section 11). Buyer must provide mycliks with the transfer receipt or payment transaction reference for verification purposes and send it to support@mycliks.com. If payment confirmation is not received by mycliks within three (3) days, Buyer’s order will be cancelled.

 

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

 

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

 

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

 

 

10.        DELIVERY

 

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

 

10.2   Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, or the time period specified (for offline payment) by Seller on Seller’s listing.

 

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

 

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

 

11.        CANCELLATION, RETURN AND REFUND

 

11.1  Mycliks reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies.

 

 

11.2     Mycliks does not monitor the cancellation, return and refund process for offline payment.

 

12.        SELLER’S RESPONSIBILITIES

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

13.        DISPUTES



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



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

 

 

14.        FEEDBACK

 

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

 

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

 

(ii)          Anonymous feedback will not be accepted.

 

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

 

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

 

15.        DISCLAIMERS

 

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

 

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

 

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

 

16.        EXCLUSIONS AND LIMITATIONS OF LIABILITY

 

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

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

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

 

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

16.3    IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, MYCLIKS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) MYR100 (ONE HUNDRED RINGGIT MALAYSIA ONLY)

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



17.      LINKS TO THIRD PARTY SITES

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

 

18.        YOUR CONTRIBUTIONS TO THE SERVICES

 

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

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

 

19.        THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

 

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

 

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

 

20.        YOUR REPRESENTATIONS AND WARRANTIES

  You represent and warrant that:

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

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



21.    FRAUDULENT OR SUSPICIOUS ACTIVITY

 

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

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

 

(b)       We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to Mycliks.

 

(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 Mycliks or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.



For the purposes of this Section:

 

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

 

       "Claim" means a challenge to a payment that a Buyer or Seller files directly with Mycliks

 

       " Reversal" means the reversal of a payment by Mycliks because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by Mycliks, (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 Mycliks policy, or (e) Mycliks decided a Claim against you

 

22.        INDEMNITY

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

 

23.        SEVERABILITY

 

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

 

24.        GOVERNING LAW

 

These Terms of Service shall be governed by and construed in accordance with the laws of Malaysian without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to Mycliks or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia.

 

25.        GENERAL PROVISIONS

 

25.1    Mycliks reserves all rights not expressly granted herein.

 

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

 

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

 

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

 

25.5     The failure of Mycliks 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.

 

25.6    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 Mycliks’s affiliates and subsidiaries (and each of Mycliks's and its affiliates' and subsidiaries' respective successors and assigns).

 

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

 

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

 

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

 

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

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON BELOW, 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.

 

 

PRIVACY POLICY



1. INTRODUCTION

 

1.1  Welcome to the mycliks online marketplace platform operate by Cliks E-Commerce Private Limited and its affiliates (individually and collectively, "Mycliks", "we", "us" or "our"). Mycliks takes its responsibilities under applicable privacy laws and regulations ("Privacy Laws") seriously and is committed to respecting the privacy rights and concerns of all Users of our website (the "Site") (we refer to the Site and the services we provide as described in our Site collectively as the "Services"). We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data. Please read this Privacy Policy carefully. If you have any questions regarding this information or our privacy practices, please see the section entitled "Questions, Concerns or Complaints? Contact Us" at the end of this Privacy Policy.

 

1.2  "Personal Data" or "personal data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data could include name, identification number and contact information.

 

 

1.3  By using the Services, registering for an account with us, visiting our website, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR WEBSITE. If we change our Privacy Policy, we will post those changes or the amended Privacy Policy on our website. We reserve the right to amend this Privacy Policy at any time.

 

2. WHEN WILL MYCLIKS COLLECT PERSONAL DATA?

 

2.1 We will/may collect personal data about you:

 

        a)      when you register and/or use our Services or Site, or open an account with us;

        b)      when you submit any form, including, but not limited to, application forms or other forms relating to any of our products and services, whether online or by way of a physical form;

        c)      when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when     you use our products and services;

        d)      when you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media     platforms and emails;

        e)      when you use our electronic services, or interact with us via our application or use services on our website. This includes, without     limitation, through cookies which we may deploy when you interact with our application or website;

        f)       when you carry out transactions through our Services;

        g)      when you provide us with feedback or complaints;

        h)      when you register for a contest; or

        i)        when you submit your personal data to us for any reason.

 

The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.

 

2.2 When you visit, use or interact with our mobile application or the Site, we may collect certain information by automated or passive means using a variety of technologies, which technologies may be downloaded to your device and may set or modify settings on your device. The information we collect may include, without limitation, your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring web site (if any), and the pages you visit on our website and mobile applications and the times of visit. We may collect, use disclose and/or process this information only for the Purposes (defined below).

 

2.3 Our mobile applications may collect precise information about the location of your mobile device using technologies such as GPS, Wi-Fi, etc.. We collect, use, disclose and/or process this information for one or more Purposes including, without limitation, location-based services that you request or to deliver relevant content to you based on your location or to allow you to share your location to other Users as part of the services under our mobile applications. For most mobile devices, you are able to withdraw your permission for us to acquire this information on your location through your device settings. If you have questions about how to disable your mobile device's location services, please contact your mobile device service provider or the device manufacturer.

 

3. WHAT PERSONAL DATA WILL MYCLIKS COLLECT?

3.1 The personal data that we may collect includes but is not limited to:


     §  name;

            §  email address;

            §  date of birth;

            §  billing address;

            §  bank account and payment information;

            §  telephone number;

            §  gender;

            §  any other information about the User when the User signs up to use our Services or website, and when the User uses the Services         or website, as well as information related to how the User uses our Services or website; and

            §  aggregate data on content the User engages with.

 

3.2 If you do not want us to collect the aforementioned information/personal data, you may opt out at any time by notifying our Data Protection Officer in writing about it. Further information on opting out can be found in the section below entitled "How can you opt-out, remove, request access to or modify information you have provided to us?" . Note, however, that opting out of us collecting your personal data or withdrawing your consent for us to collect, use or process your personal data may affect your use of the Services. For example, opting out of the collection of location information will cause its location-based features to be disabled.

 

4. SETTING UP AN ACCOUNT

 

In order to use certain functionalities of the Services, you will have to create a user account which requires you to submit certain personal data. When you register and create an account, we require you to provide us with your name and email address as well as a user name that you select. We also ask for certain information about yourself such as your telephone number, email address, shipping address, photo identification, bank account details, age, date of birth, gender and interests. Upon activating an account, you will select a user name and password. Your user name and password will be used so you can securely access and maintain your account.

 

5. VIEWING WEB PAGES

 

As with most websites, your computer sends information which may include personal data about you that gets logged by a web server when you browse our Site. This typically includes without limitation your computer's IP address, operating system, browser name/version, the referring web page, requested page, date/time, and sometimes a "cookie" (which can be disabled using your browser preferences) to help the site remember your last visit. If you are logged in, this information is associated with your personal account. The information is also included in anonymous statistics to allow us to understand how visitors use our site.

 

6. COOKIES

 

6.1 We may from time to time implement "cookies" or other features to allow us or third parties to collect or share information that will help us improve our Site and the Services we offer, or help us offer new services and features. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your computer or device and tell us how and when the Services or website are used or visited, by how many people and to track movements within our website. We may link cookie information to personal data. Cookies also link to information regarding what items you have selected for purchase and pages you have viewed. This information is used to keep track of your shopping cart, for example. Cookies are also used to deliver content specific to your interest and to monitor website usage.

 

6.2 You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this you may not be able to use the full functionality of our Site or the Services.

 

7. VIEWING AND DOWNLOADING CONTENT AND ADVERTISING

 

As with browsing web pages, when you watch content and advertising and access other software on our Site or through the Services, most of the same information is sent to us (including, without limitation, IP Address, operating system, etc.); but, instead of page views, your computer sends us information on the content, advertisement viewed and/or software installed by the Services and the website and time.

 

8. COMMUNITY & SUPPORT

 

8.1 We provide customer service support through email, SMS and feedback forms. In order to provide customer support, we will ask for your email address and mobile phone number. We only use information received from customer support requests, including, without limitation, email addresses, for customer support services and we do not transfer to or share this information with any third parties.

 

8.2 You can also post questions and answer other User questions in our community forums. Our forum and messaging services allow you to participate in our community; to do so, we maintain information, such as your user ID, contact list and status messages. In addition, these and similar services in the future may require us to maintain your user ID and password.

 

9. SURVEYS

 

From time-to-time, we may request information from Users via surveys. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose your information to us. Information requested may include, without limitation, contact information (such as your email address), and demographic information (such as interests or age level). Survey information will be used for the purposes of monitoring or improving the use and satisfaction of the Services and will not be transferred to third parties, other than our contractors who help us to administer or act upon the survey.

 

10. HOW DO WE USE THE INFORMATION YOU PROVIDE US?

 

10.1 We may collect, use, disclose and/or process your personal data for one or more of the following purposes:

 

        a)      to consider and/or process your application/transaction with us or your transactions or communications with third parties via the     Services;

        b)      to manage, operate, provide and/or administer your use of and/or access to our Services and our website, as well as your     relationship and user account with us;

        c)      to manage, operate, administer and provide you with as well as to facilitate the provision of our Services, including, without     limitation, remembering your preferences;

        d)      to tailor your experience through the Services by displaying content according to your interests and preferences, providing a faster     method for you to access your account and submit information to us and allowing us to contact you, if necessary;

        e)      to respond to, process, deal with or complete a transaction and/or to fulfil your requests for certain products and services and     notify you of service issues and unusual account actions;

        f)       to enforce our Terms of Service or any applicable end user license agreements;

        g)      to protect personal safety and the rights, property or safety of others;

        h)      for identification and/or verification;

        i)        to maintain and administer any software updates and/or other updates and support that may be required from time to time to     ensure the smooth running of our Services;

        j)        to deal with or facilitate customer service, carry out your instructions, deal with or respond to any enquiries given by (or purported     to be given by) you or on your behalf;

        k)      to contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for     the purposes of administering and/or managing your relationship with us or your use of our Services, such as but not limited to     communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by     us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal     data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;

        l)        to inform you when another User has sent you a private message or posted a comment for you on the Site;

        m)   to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service     development and/or profiling), to analyse how you use our Services, to improve our Services or products and/or to enhance your     customer experience;

        n)      to allow for audits and surveys to, among other things, validate the size and composition of our target audience, and understand     their experience with mycliks’s Services;

        o)      where you give us your prior consent, for marketing and in this regard, to send you by various modes of communication such as     postal mail, email, location-based services or otherwise, marketing and promotional information and materials relating to products     and/or services (including, without limitation, products and/or services of third parties whom mycliks may collaborate or tie up with)     that mycliks (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or services     exist now or are created in the future. If you are in Malaysia, In the case of the sending of marketing or promotional information to     you by voice call, SMS/MMS or fax to your Malaysia facsimile number, we will not do so unless we have complied with the     requirements of Malaysia’s Privacy Laws in relation to use of such latter modes of communication in sending you marketing     information or you have expressly consented to the same;

        p)      to respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of     any relevant jurisdiction, including, without limitation, meeting the requirements to make disclosure under the requirements of any     law binding on mycliks or on its related corporations or affiliates;

        q)      to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;

        r)       to carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or     regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;

        s)       to audit our Services or mycliks’s business;

        t)       to prevent or investigate any fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any     other matter arising from your relationship with us, and whether or not there is any suspicion of the aforementioned;

        u)      to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your     jurisdiction;

        v)      to deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves     mycliks as a participant or involves only a related corporation or affiliate of mycliks as a participant or involves mycliks and/or any one     or more of mycliks’s related corporations or affiliates as participant(s), and there may be other third party organisations who are     participants in such transaction. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation or any other     acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an     organisation; and/or

        w)    any other purposes which we notify you of at the time of obtaining your consent.

        x)          (collectively, the “Purposes”).

 

10.2 As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the Privacy Laws.

 

11. SHARING OF INFORMATION FROM THE SERVICES

 

Our Services enable Users to share personal information with each other, in almost all occasions without mycliks’s involvement, to complete transactions. In a typical transaction, Users may have access to each other’s name, user ID, email address and other contact and postage information. Our Terms of Service require that Users in possession of another User’s personal data (the “Receiving Party”) must (i) comply with all applicable Privacy Laws; (ii) allow the other User (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party.

 

12. HOW DOES MYCLIKS PROTECT CUSTOMER INFORMATION?

We implement a variety of security measures to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. We will retain personal data in accordance with the Privacy Laws and/or other applicable laws. That is, we will destroy or anonymize your personal data as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any legal or business purposes. If you cease using the Site, or your permission to use the Site and/or the Services is terminated, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.

 

13. DOES  MYCLIKS  DISCLOSE THE INFORMATION IT COLLECTS FROM ITS VISITORS TO OUTSIDE PARTIES?

 

13.1 In conducting our business, we will/may need to disclose your personal data to our third party service providers, agents and/or our affiliates or related corporations, and/or other third parties, whether sited in Malaysia or outside of Malaysia, for one or more of the above-stated Purposes. Such third party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. Such third parties include, without limitation:

        a)      our subsidiaries, affiliates and related corporations;

        b)      contractors, agents, service providers and other third parties we use to support our business. These include but are not limited to     those which provide administrative or other services to us such as mailing houses, telecommunication companies, information     technology companies and data centres;

        c)      a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer     of some or all of mycliks’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which     personal data held by mycliks about our Service Users is among the assets transferred; or to a counterparty in a business asset     transaction that mycliks or any of its affiliates or related corporations is involved in; and

        d)      third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and     processing your personal data for one or more of the Purposes

 

13.2 This may require, among other things, share statistical and demographic information about our Users and their use of the Services with suppliers of advertisements and programming. This would not include anything that could be used to identify you specifically or to discover individual information about you.

 

13.3 For the avoidance of doubt, in the event that Privacy Laws or other applicable laws permit an organisation such as us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply.

13.4 Third parties may unlawfully intercept or access personal data transmitted to or contained on the site, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the Privacy Laws; however there can inevitably be no guarantee of absolute security such as but not limited to when unauthorised disclosure arises from malicious and sophisticated hacking by malcontents through no fault of ours.

 

14. INFORMATION ON CHILDREN

 

The Services are not intended for children under the age of 10. We do not knowingly collect or maintain any personal data or non-personally-identifiable information from anyone under the age of 10 nor is any part of our Site or other Services directed to children under the age of 10. We will close any accounts used exclusively by such children and will remove and/or delete any personal data we believe was submitted by any child under the age of 10.

 

15. INFORMATION COLLECTED BY THIRD PARTIES

15.1 Our Site uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyse how Users use the Site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

 

15.2 We, and third parties, may from time to time make software applications downloads available for your use on or through the Services. These applications may separately access, and allow a third party to view, your identifiable information, such as your name, your user ID, your computer's IP Address or other information such as any cookies that you may previously have installed or that were installed for you by a third party software application or website. Additionally, these applications may ask you to provide additional information directly to third parties. Third party products or services provided through these applications are not owned or controlled by mycliks. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.

 

16. DISCLAIMER REGARDING SECURITY AND THIRD PARTY SITES

 

16.1 WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD PARTY SITES. We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above.

 

16.2 In an attempt to provide you with increased value, we may choose various third party websites to link to, and frame within, the Site. We may also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third party web sites (even if offered on or through our Site) may not be received by us.

 

16.3 We therefore have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of these linked sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Site and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).

 

17. WILL MYCLIKS TRANSFER YOUR INFORMATION OVERSEAS?

Your personal data and/or information may be transferred to, stored or processed outside of your country. In most cases, your personal data will be processed in Malaysia, where our servers are located and our central database is operated. Mycliks will only transfer your information overseas in accordance with Privacy Laws.

 

18. HOW CAN YOU OPT-OUT, REMOVE, REQUEST ACCESS TO OR MODIFY INFORMATION YOU HAVE PROVIDED TO US?

 

18.1 Opting Out and Withdrawing Consent

 

18.1.1 To modify your email subscriptions, please let us know by sending an email to our Personal Data Protection Officer at the address listed below. Please note that due to email production schedules, you may still receive emails that are already in production.

 

18.1.2 You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by sending an email to our Personal Data Protection Officer at the email address listed below in Section 19.2.

 

18.1.3 Once we have your clear withdrawal instructions and verified your identity, we will process your request for withdrawal of consent, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request. If we are unable to verify your identity or understand your instructions, we will liaise with you to understand your request.

 

18.1.4 However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue providing the Services to you, we may need to terminate your existing relationship and/or the contract you have with us, etc., as the case may be, which we will inform you of.

 

18.2 Requesting Access and/or Correction of Personal Data

 

18.2.1 If you have an account with us, you may personally access and/or correct your personal data currently in our possession or control through the Account Settings page on the Site. If you do not have an account with us, you may request to access and/or correct your personal data currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request so as to be able to deal with your request. Hence, please submit your written request by sending an email to our Personal Data Protection Officer at the email address listed below in Section 19.2.

 

18.2.2 For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days (or, if you are resident in Malaysia, 21 days). Where we are unable to respond to you within the said 30 days (or, if you are resident in Malaysia, 21 days), we will notify you of the soonest possible time within which we can provide you with the information requested. Note that Privacy Laws may exempt certain types of personal data from being subject to your access request.

 

18.2.3 For a request to correct personal data, once we have sufficient information from you to deal with the request, we will:

 

        a)      correct your personal data within 30 days (or, if you are resident in Malaysia, 21 days). Where we are unable to do so within the said     period, we will notify you of the soonest practicable time within which we can make the correction. Note that Privacy Laws may     exempt certain types of personal data from being subject to your correction request as well as provides for situation(s) when     correction need not be made by us despite your request; and

        b)      we will send the corrected personal data to every other organisation to which the personal data was disclosed by us within a year     before the date the correction was made, unless that other organisation does not need the corrected personal data for any legal or     business purpose.

 

18.2.4 Notwithstanding sub-paragraph (b) immediately above, we may, if you so request, send the corrected personal data only to specific organisations to which the personal data was disclosed by us within a year before the date the correction was made.

 

18.2.5 We will/may also be charging you a reasonable fee for the handling and processing of your requests to access your personal data. If we so choose to charge, we will provide you with a written estimate of the fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.

 

18.2.6 We reserve the right to refuse to correct your personal data in accordance with the provisions as set out in Privacy Laws, where they require and/or entitle an organisation to refuse to correct personal data in stated circumstances.

 

19. QUESTIONS, CONCERNS OR COMPLAINTS? CONTACT US

 

19.1 If you have any questions or concerns about our privacy practices or your dealings with the Services, please do not hesitate to email us at :suppport@mycliks.com

 

19.2 If you have any complaint or grievance regarding how we are handling your personal data or about how we are complying with Privacy Laws, we welcome you to contact us with your complaint or grievance.

Please contact us through email with your complaint or grievance:

E-mail: support@mycliks.com and Attention it to the "Personal Data Protection Officer".

Please send all legal notices to legal@mycliks.com and Attention it to the “General Counsel”.

 

19.3 Where it is an email or a letter through which you are submitting a complaint, your indication at the subject header that it is a Privacy Law complaint would assist us in attending to your complaint speedily by passing it on to the relevant staff in our organisation to handle. For example, you could insert the subject header as “Privacy Complaint”.

We will certainly strive to deal with any complaint or grievance that you may have fairly and as soon as possible.

 

20. TERMS AND CONDITIONS

Please also read the Terms of Service establishing the use, disclaimers, and limitations of liability governing the use of the Site and the Services and other related policies.

 

PROHIBITED AND RESTRICTED ITEMS POLICY

 

It is Seller’s responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance with Mycliks’s terms and policies before listing the item on the selling platform. For the Sellers’ convenience, Mycliks has provided below a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale on Mycliks. Mycliks will update this guideline from time to time where necessary. Please visit this page regularly for updates.

 

1)      VIOLATION OF OUR TERMS OF SERVICE

Violations of this Prohibited and Restricted Items Policy may subject the Seller to a range of adverse actions, including but not limited to any or all of the following:

- Listing deletion

- Limits placed on Account privileges

- Account suspension and termination

- Legal actions

 

2)      LIST OF PROHIBITED AND RESTRICTED ITEMS

 

 

      i.        Animal and wildlife products (including, without limitation, wild animals)

     ii.        Artefacts and Antiquities

    iii.        Counterfeit currency and stamps

   iv.        Credit and debit cards

    v.        Currency including, without limitation, digital currency

   vi.        Drugs, medicines, drug-like substances and associated paraphilia

  vii.        Telecommunication equipment that has not been registered with the Malaysian Communications And Multimedia Commission (MCMC), and electronic surveillance equipment and other similar electronic equipment such as cable TV de-scramblers, radar scanners, traffic signal control devices, wiretapping devices and telephone bugging devices

 viii.        Embargoed goods

   ix.        Firearms, weapons such as pepper spray, replicas, and stun guns, etc.

    x.        Prohibited Food: For the safety of our Users, Sellers may not list the following food and food-related items on our Site:

a.    Listings containing medicinal claims - that is, a claim that the item is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans and/or animals, contraception, inducing anaesthesia or otherwise preventing or interfering with the normal operation of a physiological function, whether permanently or temporarily, and whether by way of terminating, reducing or postponing, or increasing or accelerating, the operation of that function or in any other way (for example, pharmaceutical drugs, contact lenses, misbranded dietary supplements);

b.    Noxious food items - Food which contains any prohibited substances or substances in excess of permitted proportions, adulterated food without fully informing Buyer at the time of sale of the nature of the transaction;

c.    Non-pasteurised dairy products;

d.    Wild mushrooms; and

e.    Any other food items hazardous to human health.

   xi.        Food not falling into the Prohibited Food category above must adhere to these minimum standards and guidelines:

a.    Expiration dates – all food items must be clearly and properly labelled with an expiration or “use by” date. Expired food items must not be listed.

b.    Sealed containers – all food and related products sold on the Site should be packaged or sealed to ensure that Buyer can identify evidence of tampering or defect.

c.    Perishable food items - Sellers who list perishable items should clearly identify in the item description the steps that they will take to ensure that the goods are properly packaged.

  xii.        Government or Police related items such as badges, insignia or uniforms

 xiii.        Human parts or remains

 xiv.        Lock-picking devices

  xv.        Lottery tickets

 xvi.        Pesticides

xvii.        Potentially infringing items: Items including but not limited to replicas, counterfeit items, and unauthorized copies of a product or item which may be in violation of certain copyrights, trademarks, or other intellectual property rights of third parties.

xviii.        Services: Unless expressly allowed by Mycliks, the provision of services, including but not limited to services that are sexual, illegal in nature or in violation of the Terms of Service, are prohibited on Mycliks’s marketplace.

 xix.        Slot machines

  xx.        Recalled items

 xxi.        Shares, stock, other securities and stamps

xxii.        Tobacco or tobacco-related products, including without limitation electric cigarettes

xxiii.        Obscene, seditious or treasonous materials

xxiv.        Publications, books, films, videos and/or video games that do not comply with applicable laws in the country of sale and/or delivery

xxv.        Stolen goods

xxvi.        Mislabelled goods

And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities.

 

 

If you see a listing that violates our policies, please report it to us by clicking the “Report this Product” or “Report this User” button from the drop-down menu in the product or the user page. When a policy violation occurs, we will send an email, system message and push notification to Seller to let them know that the listing has been removed from our Website. We will also send a push notification to Buyer of said listing. You are responsible for ensuring that your phone settings allow you to receive push notifications.

If you have more questions, you can contact us at support@mycliks.com

 

  

COMMUNITY RULES

 

Mycliks envisioned to build a positive community here. The community rules will serve as a guideline and guidance for our user’s include, Seller, Buyer, Members, Partners and anyone that establish interest to collaborate with mycliks. We encourage you to understand the Do’s and Don’ts when using our marketplace you agree to our Terms of Service here. We wish for everyone’s safety through the community rules document.

 

The Do’s

 

1. Sell, not advertise
Mycliks is designed as a venue to assist transactions between buyers and sellers - not a platform for advertisements. You should only list products that you are intending to sell on Mycliks.

Here are some examples of advertising:

- Adding a link on your product page that leads to a separate website.
- Any text in your product description and/or photos informing buyers to reach you via other platforms such as Whatsapp or Facebook. (We understand the need for buyers and sellers to communicate with one another)

 

2. Make your listing shine

No buyer will be interested in a listing that has poor quality photos. Flaunt your photography skills and create some quality shots - Aside from that, be honest! Give your product an accurate and detailed description. Nobody likes a nasty surprise when it comes to making a purchase. Being truthful will increase your chances of obtaining positive ratings and reviews from your buyers.

 

3. Be respectful

We want to foster a safe environment for people to enjoy the pleasure of shopping. Keep your content clean and suitable for everyone - this means no vulgar language, hate messages or spam. As a community in Mycliks, we urge all users to treat each other with kindness and respect. Whether you’re a buyer or seller, follow the guidelines here to ensure smooth transactions for everyone!

 

 

4. Maintain an excellent selling record 

Create a good customer experience by being attentive and responsive to your buyers' needs. Happy buyers are more likely to make repeat purchases and give you a positive seller rating.

Keep your selling record clean by maintaining sufficient stock and by shipping orders on time to reduce unnecessary cancellations, returns and refunds. To ensure a great experience for all users, Mycliks may send a caution to sellers with poor selling records. In some cases, Mycliks may also remove certain selling privileges (e.g. free shipping, preferred seller), lower your products' search ranking, limit or suspend your account access.

Here are some tips to maintain an excellent selling record: 

 

        o   Monitor and update your stock at least once a day 

        o   Provide a detailed and honest description, including actual pictures, of the items you are selling

        o   Respond to buyers' queries in a timely manner

        o   Ensure your products are in good condition before shipping

        o   Pack orders carefully to avoid damage during delivery

        o   Respond promptly to any refund requests

        o   If you have to cancel orders due to unforeseen events, inform buyers immediately with a valid reason 

 

 

 

The Dont's

 

1. Putting irrelevant or an excessive number of search terms in the title and description

It is important that users are able to quickly find what they are searching for. Putting in additional brands, keywords or hashtags in the title or description that are irrelevant to the product interferes in this process and may lead to products being banned by our system. 

 

Examples of what not to do include:

- Nike Adidas Puma Reebok Under Armour Running Shoes
- Apple iPhone 6s (not Samsung, Nokia)
- Apple iPhone 6s Apple iPhone 6s Apple iPhone 6s Apple iPhone 6s Apple iPhone 6s

 

2. Creating multiple listings of the same product

Please do not create multiple listings of the same product. Such listings may be automatically banned by our system.

 

3. Misleading pricing

Listing price differs from actual selling price. For example, listing  a variation at a very low price but is not a product that can be bought or seller intends to sell. Such listings may be automatically banned by our system.

 

        4. Infringing content & impersonation

Any deceptive manner of impersonation is a serious offence in mycliks. If you choose to use someone else’s photo, respect their rights and give credit where it’s due.

Here are some examples of infringing content & impersonation:

- Collecting and using others’ personal data without their consent (e.g. contact details, photo).
- Using someone’s identity as your own for credibility purposes.


Help us keep the mycliks community strong!

 

5. Counterfeit & imitation products
Only genuine products can be listed on mycliks. Please be aware that counterfeit products are illegal and strictly prohibited in Malaysia. Mycliks reserves the right to report and delete any listing of a counterfeit nature.

 

6. Posting services

Mycliks does not allow users to list their services on the platform.

 

7. Product listing policy

Against mycliks's product rules
- Listing contains legitimate products for sale but violate mycliks's policy such as vehicles / properties / or explicit reference to competitor platforms.

Sexually explicit content in the picture(s)
- Listing contains pictures that display nudity; lewd, indicative or offensive imagery.

Vulgarity
- Listing contains profanity; vulgar, lewd or offensive language.

Legal Concerns
- Listing illegal goods or services for sale.

Piracy Matters
- Listing counterfeit or potentially infringing products for sale which violate certain copyrights, trademarks, or other intellectual property rights of third parties.

Junk/Spam Issues
- Listing is incomplete / improper; contains blurred pictures, contains irrelevant descriptions / pictures or does not pertain to actual goods for sale.

Sexual Enhancement Drugs Cannot Be Listed
- Listing contains products for consumption with the intent for sexual enhancement or sexually-related activities.

Wrong Main Category
- Listing is placed in the wrong Main Category.

Wrong Sub Category
- Listing is placed in the wrong Sub Category.

Irrelevant or Excessive Hashtags/Keywords
- Listing description contains irrelevant or excessive hashtags / keywords.

 

8. Return policy

Sellers are allowed to set their own return policy as long as it does not contradict with the existing version set by mycliks.
 

We all have a part to play in keeping the community safe. mycliks is an open environment for everyone to use as a platform to buy and sell on-the-go. Respect one another and let’s make this the best community for mobile shopping. If you spot any user breaching any of these rules, you can alert the mycliks team by reporting the user or product here. Kindly note that all decisions on whether to remove user or product will be subject to mycliks’s discretion. 

 

9. Abusive behaviours and scamming

All voucher codes, rebates and subsidies are meant to help sellers promote sales and grow their business. The following behaviours in any forms are strictly prohibited on our platform:

- Fake order creation
- Voucher abuse
- Subsidy and rebates abuse
- Scams

We monitor all user accounts and make sure users comply with our community rules. Violation of these rules will result in a range of actions including but not limited to the following:

- Permanent account suspension
- Freezing of funds under mycliks Guarantee, for investigation purposes
- Civil actions, claim for damages and/or interim or injunctive relief.

 

Your feedback is of utmost importance to us and we would love to hear from you! Contact us here if you have any queries or suggestions!