Updated on 31st May 2021
1. WHO WE ARE
We are VERIX SDN BHD (Company registration no. 1373120-X) having our business address at Unit E-3A-06, Menara Suezcap 2, KL Gateway, Jalan Kerinchi, 59200 Kuala Lumpur, Wilayah Persekutuan, Malaysia (“klikBazaar”).
These Terms and Conditions are our copyrighted intellectual property. Any use by third parties, even of extracts of the Terms and Conditions, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
In these Terms and Conditions:
- "Account" means the klikBazaar Account that you will need to register on our Platform if you would like to submit an Order;
- "Apps" means our klikBazaar, klikBrand and klikRunner mobile app on iOS and Android;
- "Business Day" means a day from 10.00 a.m. to 6.00 p.m. in Malaysia, excluding Saturdays, Sundays, and gazetted public holidays;
- ”Order Confirmation" means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below;
- "Contract" means your Order of a Product/Service or Products/Services in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
- "Customer" means any individual who places an Order on the Platform;
- "Order" means the Order submitted by you to the Platform to purchase a Product/Service from our stall;
- "Platform" means collectively klikBazaar’s Apps and Website, and any other websites or applications which we may own or operate from time to time, each of which shall be described as a “Platform”;
- "Website" means the klikBazaar website accessed at the following address at our domain klikBazaar.biz or any related domains that we operate;
- "You" means the guest or a Customer or a Seller;
- References to "clauses" are to clauses of these Terms and Conditions;
- Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
- Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- References to "includes" or "including" or like words or expressions shall mean without limitation.
To place an Order with klikBazaar you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with klikBazaar only with the involvement of a parent or guardian.
You must not misuse our Platform. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other parties’ propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision would constitute an offence under Section 233 of the Communications and Multimedia Act 1998. In the event such breach occurs, klikBazaar will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
5. ENTIRE AGREEMENT
5.1 These Terms and Conditions shall apply to your use of the Platform and all Orders and Contracts made or to be made by us for the sale and supply of Products/Services. These Terms and Condition constitute the entire agreement between you and klikBazaar and supersede any and all preceding and contemporaneous agreements between us.
5.2 You acknowledge that by entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
6. TERMS OF SALE
To place an Order, you must register with us by creating an Account on the Platform. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Platform.
(b) You shall not misuse the Platform by creating multiple user accounts.
6.2 Formation of a Contract
(a) The information set out in the Terms and Conditions and the details contained on this Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products/Services shall exist between you and us until we have delivered the Products/Services to you at your registered address.
(b) To submit an Order, you will be required to follow the online shopping process on the Platform. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.
(c) An Order is only considered accepted by us upon your Order being delivered to the delivery address provided by you.
(d) A Contract will relate only to those Products/Services which we deliver to you. If your Order consists of more than one Product/Service, the Products/Services may be delivered to you in separate packages at separate times.
6.3 Price and Payment
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products/Services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel your Order before we have delivered it to you, and you have already paid for your Order, you will receive a full refund.
(a) Where applicable, prices are inclusive of GST and are in Malaysian Ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
(b) We are under no obligation to fulfil your Order if the price listed on the Platform is incorrect (even after your Order has been acknowledged by us).
(c) You can pay using any of our payment partners listed on our Platform or use the cash on delivery payment method. Similarly, you can pay all or part of the price of your Order using klikKupon or klikPoin.
(d) klikKupon or klikPoin must be entered at the check-out page online only. Physical presentation of any coupon to klikBazaar personnel will not be accepted.
(e) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorization by card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
(f) Upon authorization of the payment, by clicking the “Pay Now” button you are confirming that the card belongs to you or that you are the legitimate holder of the klikKupon or klikPoin, and have sufficient funds or credit facilities to cover the cost of the Product/Service.
6.4 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Platform, please email us at support@klikBazaar.biz or submit a support ticket to our Helpdesk immediately. We will try our best to process your request.
6.5 Refusal of Order
We reserve the right to withdraw any Products/Services from this Platform at any time and/or remove or edit any materials or content on this Platform. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product/Service from this Platform, whether it has been sold or not, removing or editing any materials or contents on this Platform or for refusing to process or accept an Order.
7.1 We aim to deliver the Product/Service to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
7.2 We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.3 Upon delivery of the Product/Service, you may be required to sign for delivery. You may contact klikBazaar Customer Service via our Helpdesk [here] or email to support@klikBazaar.biz
7.4 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
7.5 The delivery packaging depends on the stall you selected and the authorized delivery partner by the stall.
7.6 All risk in the Product/Service shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract (for e.g. see 7.8 below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product/Service. Any breach of obligations by you, might impact your ability to shop on klikBazaar in the future.
7.7 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
7.8 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product/Service to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for any fee and other costs reasonably incurred by us; or
(b) no longer make the Product/Service available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product/Service, and any storage fees as provided for in clause 7.8 (a) above).
You acknowledge that the Products/Services are standard and not made bespoke to fit any particular requirements that you may have.
7.9 Waivers or discounts off your delivery fee may apply if your net order value after returns and cancellations is above the threshold(s) set out in our authorized partners' Shipping Fees Policy.
7.10 The value of your order shown at check-out on our Platform which is charged to you shall be the value that prevails for klikBazaar’s determination of your eligibility for either a waiver or a discount off the shipping fee applicable to your order.
8. CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT/SERVICES)
If you wish to cancel your Order, please contact our Customer Service via our Helpdesk [here] or email to support@klikBazaar.biz. No cancellation fees shall be applicable. Once an Order has been dispatched it may not be cancelled and the item must instead be returned to the stall according to guidelines provided by the Customer Service (Please contact the above stated number or refer to your return-slip provided in your received parcel).
9. RETURNS AND REFUNDS POLICY
9.1 If you are not completely satisfied with your purchase, you may return the Product/Service to us within thirty (30) days of receipt. The Product/Service shall be un-used, Product/Service tags shall not be tampered with, and the Product/Service shall be in the original brand packaging (if applicable). This policy is applicable only to those products/services which do not fall under the list of non-refundable brands/items provided on our Platform.
9.2 All items must be received by klikBazaar or the related stall in order for a customer to be eligible for a refund or replacement. You shall ensure that the Product/Service is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product/Service back to you.
9.3 We provide a pre-paid return shipping service to ensure the best possible online shopping experience for you. Please refer to the pre-paid shipping label in the parcel sent to you. If you are unable to find the pre-paid shipping label, please contact our Contact Service via Helpdesk [here] or email to support@klikBazaar.biz. For more details please refer to the FAQ (https://klikbazaar.biz/support/knowledgebase.php?article=5 ).
9.4 We do not honour any walk-in returns unless the stall allows such activity.
9.5 Your returned Products/Services are usually received and accepted at our stall's receiving facility within a set number of days after the return drop off or pick up. Returns handling time will vary depending on your return method and courier of choice. We will refund you via store credit which you may utilize for your next purchase. In the event that you prefer to be refunded by different means please contact us via our Helpdesk and we will try our best to assist you. In the event of returns and the net order value after returns and cancellation falls below the threshold set out in our partners' Shipping Fees Policy, you may be charged shipping fees.
10. FAULTY PRODUCTS/SERVICES
10.1 All Product/Service descriptions, information and materials posted on this Platform are provided ‘as is’ and without warranties expressed, implied or otherwise howsoever arising.
10.2 Product/Service image as seen on the Platform may slightly differ from the actual Product/Service that you receive.
10.3 If the item you receive is faulty, please contact our Customer Service and provide your Order number, your name and address, details of the Product/Service and the reason for return, and whether you require a refund or a replacement.
10.4 Upon receipt of the Products/Services, we will examine it and we will advise you on the status of the replacement or refund (if any) via email as soon as practicable.
10.5 klikBazaar may at its discretion refuse to process a replacement/exchange order however may offer a refund as a substitute remedy subject to clause 9.
10.6 In the event the Product/Service returned is not faulty, we may at our discretion decide not to replace or refund you for the Product/Service and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
11. KLIKKUPON AND KLIKPOIN
11.1 You may use klikKupon or klikPoin while making payment for Products/Services on the Platform. Specific details for klikKupon or klikPoin are listed below.
11.2 To redeem klikKupon in your Account or check an existing credit, please visit "My Account" on the Platform. Subject to clause 14.1, we accept no liability for errors in the email address of the klikKupon recipient.
11.3 klikKupon or klikPoin must be entered at the check-out page online only. Physical presentation of klikKupon to klikBazaar personnel/delivery staff will not be accepted.
11.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a klikKupon or klikPoin purchase or redemption on the Platform, we are entitled to close your Account and/or require a different means of payment.
11.5 We assume no liability for the loss, theft or illegibility of klikKupon or klikPoin.
11.6 In rare cases, klikBazaar may at its sole discretion discontinue or cancel any klikKupon or klikPoin previously issued and will not be responsible for any losses arising therefrom.
11.7 Conditions for the redemption of klikKupon or klikPoin:
From time to time we may distribute klikKupon or klikPoin that may be used only on the Platform, which we will send to you either by email or post:
(a) klikKupon or klikPoin are valid for the specified period stated on the klikKupon or klikPoin, can only be redeemed once and may not be used in conjunction with other promotion and discounted items. We may exclude individual brands from promotions in accordance with our sales strategies.
(b) You may redeem only ONE klikKupon or klikPoin per promotional campaign. klikBazaar reserves to the right to cancel any subsequent orders made by you using a klikKupon or klikPoin of the same promotional campaign.
(c) If you place an Order for a Product/Service less than the value of the promotional klikKupon or klikPoin, no refund or residual credit will be returned to you.
(d) The credit of a promotional klikKupon or klikPoin does not accrue interest, nor does it have a cash value.
(e) If the credit of a promotional klikKupon or klikPoin is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
(f) For cash amount stipulated for a specified sum, if you choose to return the product/Service, you will not be refunded the value of the cash amount. However, if you paid partly with your own funds, this portion will be refunded.
12. DISCLAIMER OF LIABILITY
12.1 The content displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, klikBazaar and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
12.2 Nothing in these Terms and Conditions shall exclude or limit klikBazaar’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend, hold harmless klikBazaar, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Platform or your breach of the Terms and Conditions.
14. GUARANTEE AND COMPLAINTS MANAGEMENT
14.1 klikBazaar shall perform its obligations under these Terms and Conditions with reasonable skills and care.
14.2 We place great value on our Customer satisfaction. You may contact us at any time using the contact details given in clause 6.4 of these Terms and Conditions. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer or supplier must generally be involved, and as such it may take longer to resolve such an enquiry or complaint.
14.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Confirmation. In rare cases, your emails may be caught up in our spam/junk filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Business Days, please make further enquiries.
15. PERSONAL DATA PROTECTION
16. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
16.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product/Service already paid for by you and not delivered.
16.3 If we have contracted to provide identical or similar Products/Services to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
16.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipient’s address within Malaysia.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
18. INTELLECTUAL PROPERTY RIGHTS
18.1 All content included in or made available through our Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of klikBazaar or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by klikBazaar and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Platform nor may you use any such content in connection with any business or commercial enterprise.
18.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks of klikBazaar in Malaysia and other countries. klikBazaar's trademarks may not be used in connection with any product/Service or service that is not provided by klikBazaar, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits klikBazaar. All other trademarks not owned by klikBazaar that appear on the Platform are the property of their respective owners.
18.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
18.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event klikBazaar becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
18.5 If you print, copy or download any part of our Platform in breach of these Terms and Conditions, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on any software or accompanying documentation supplied by klikBazaar or its licensors.
19. LINKS TO THE SITE
19.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.2 You must not establish a link from any Platform that is not owned by you.
19.3 This Platform must not be framed on any other Platform, nor may you create a link to any part of this Platform other than the home page. We reserve the right to withdraw linking permission without notice.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or un-enforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the un-enforceable term.
You shall not assign, transfer, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
24. THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
25. GOVERNING LAW
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Malaysia. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
We reserve the right to amend these Terms and Conditions and our policies at any time at its sole discretion without prior notice. All amendments to these Terms and Conditions, including our policies will be posted on our Platform and be effective immediately. Your continued use of the Platform constitutes acceptance of the amended Terms and Conditions.