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Terms & Conditions

Introduction of Lightflex

Lightflex Innovations Sdn Bhd (Company No: 494218-X), a company incorporated in Malaysia and having its principal place of business at No 3332, 2nd Floor, Jalan Perniagaan, Pusat Perniagaan Alma, 14000 Bukit Mertajam, Penang, Malaysia (hereinafter referred to as “Lightflex”) of the one part;

“Lightflex” is the developer of the platform and technology enabler for Bixzee eCommerce Ecosystem (“Bixzee”) platform and owns the said Bixzee platform.

Bixzee” is a B2B eCommerce ecosystem shopping platform that connects buyer and seller or supplier on a common platform and allows a buyer to place an order, check stock availability, verify best price, adopt paperless business transactions, ascertain the movement of the buyer’s goods sold and purchased via a two-way “track and trace” shipment system (“two-way” since it is for tracking both purchases and sales), deploy electronics Proof Of Collection (ePOC), electronic Proof Of Delivery (ePOD) and make online payment at their convenience.

B2B
refers to “business to business” i.e. a exchange of products, services and/or information between businesses.

track and trace shipment is a tracking record of the status of the delivery of the goods from receipt of the order, acceptance of the order,  processing, shipping and/or transport of the goods until the goods are finally delivered.

Use of service and the website

  • In order to access or use certain services on the Website, you are required to register a Bixzee Account (“Bixzee Account ”). Unless otherwise specified by the Company, registration of a Bixzee Account is free.

  • Where a Bixzee Account’s holder is an SSM registered business in Malaysia.
    Provides e-commerce facilities and Services by means of the Website empowering the sale and purchase of Products between Bixzee Account.

  • By accessing, browsing and/or using the Website, you are regarded to have irreversibly and unequivocally consented to the Terms and Conditions.

  • You must not access and/or use our Services or the Website if you are not agreeable to any of the Terms and Conditions.

  • You consent to utilize the Website at your own risk. We don’t assume any liability or consent to reimburse you for losses you experience the ill effects of such utilize, and you irreversibly consent to hold us safe and repay us from any losses that you may endure in this way.

  • The use of the Website and its services as a Buyer is free.

  • However, certain Services or functions on the Website which are provided for Sellers may require the payment of fees as may further describe in the Policies and/or other agreements as may be entered into between the Seller and the Company from time to time.

  • Any fees imposed shall be charged, settled and/or otherwise dealt with in accordance with the terms of the Policies and/or any other agreement a Seller may enter into with the Company in respect of the same.

Compensation for losses

  • Where, in utilizing the Services as well as getting to the Website, any of your actions make any losses to the Company, you should be at risk for and might compensate and/or remunerate the Company for all expenses and costs acquired or endured. In case of any request, protestations or cases raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.
  • All losses are borne between the buyers and the sellers themselves, we are only responsible for smooth operation on the website.

Role of Company

  • The Company primarily operates, manages and provides the Website for the purpose of enabling safe and reliable Transactions between Bixzee Account, in their capacity as buyers (“Buyer”) and sellers (“Seller”).

  • For the avoidance of doubt, if you make a purchase on the Website, you are purchasing the Product from an independent Seller and not from the Company.

  • You shall comply with all applicable laws and regulations for any transactions on the platform, and shall not conduct or take part in any illegal activities.

Information about the Products

  • The Seller shall provide content comprising accurate and complete product information, text, images and any other relevant information related to the Products for each type of Products that the Seller makes available to be listed for sale through the Platform provided by the Company (“Content Material”). The Seller shall promptly update the Content Material as necessary to ensure it at all times remains accurate and complete.

  • The Seller shall ensure that the information of the Products, the offer and subsequent sale of any of the Products, comply with applicable laws (including all minimum age, marking and labelling requirements, product warranties, specifications, drawings, samples and performance criteria) and do not contain any sexually explicit (except to the extent expressly permitted in written by the Company and complied with applicable laws), defamatory or obscene materials.

  • The Seller shall provide the text of the Content Material and the image of the Products for sale through the Platform with the Content material as follows -:
    1. Brand name, product name, model, and package content;

    2. Dimensions (height, length, and width) expressed in centimeters and weight expressed in kilograms;

    3. The expiry date (if applicable);

    4. Normal selling price;

    5. Warranty details including geographical coverage; and

    6. Any other relevant information of the Products.

  • Unless specifically permitted by the Company, the Seller is prohibited from selling any of the following Products on the Platform (except to the extent permitted and/or complied by the applicable laws of the country or countries, where the Products is listed for sale), including:

    1. Products that are required to be certified by or registered with a government authority under applicable laws or to obtain a distribution permit and/or licences and/or other special permit from a government authority under applicable laws;

    2. Products related to safety, security, public health and environment which are required to have national standardisation;

    3. Any medicine including traditional medicine, cosmetics, food supplements, food and beverages, telecommunication equipment and apparatus, medical equipment, medical supplies;

    4. Products that are required to have local language (other than English) on its label, product manual, warranty statement, and/or other parts of the product or its packaging materials, and

    5. other prohibited Products including: weapons (including firearms, air rifle and similar and related goods), prohibited drugs, black market and imitated Products, pirated Products or copies of original Products, counterfeits, Products containing vulgar and pornographic content, multilevel marketing, money games, alcohol and other intoxicants, protected flora and fauna (including body parts, such as claws, fangs, skins, fluids, etc.), hazardous explosives and other products that violate applicable laws.

Particularly for consumable Products or Products having expiration date, the Seller shall ensure that it provides Products to the Buyer of the Products with a reasonable period allowing the Buyer to use such Products before its expiration date according to applicable laws.

 

  • The Seller shall, at the Company’s request, provide the Company with any documentation and information supporting the Seller’s right to sell the applicable Products on or through the Platform, including but not limited to the Seller’s right, license and/or permit to sell such Products, any documentation or agreement giving the Seller the right to distribute any particular item or brand of certain Products, and if needed, the notarized copy, invoice or other proof thereof at Seller’s cost. In the event of the Seller’s improper use of intellectual property rights or distribution rights, sale of fake or counterfeit products or products prohibited from use, or distribution or sale under applicable laws as set forth in above, the Company may at its sole discretion take any or all of the following actions :

    1. Seller’s account on the Company will be deactivated permanently with immediate effect, and will be withheld by the Company, including all its outstanding payable;

    2. suspend such Products from being sold on the Platform with immediate effect;

    3. relevant local government authorities will be informed of the infringement or any illegality; and/or

    4. the Company may terminate the service with the Seller.

  • The Company shall have the right to immediately suspend the listing and sale of Products on the Platform if, at its sole discretion, it determines that any part of the Content Material is incorrect, incomplete or not in compliance with applicable laws.

  • The Seller shall indemnify and hold the Company, its subsidiaries and affiliates harmless from and against any and all costs (including attorney fees and court costs on an indemnity basis), expenses, fines, penalties, losses, damages, and liabilities arising out of any claim, demand or action resulting from the inaccurate, incomplete or illegal information or otherwise relating to the, Products, Goods and/or Content Material provided by the Seller.

  • The Seller hereby undertakes and represents that it has obtained all necessary licences, permits or approvals required for the listing and sale of the Products on and through the Platform, for any country or countries, where the Products are listed for sale, prior to the listing of Products on the Platform.

  • Content Material must be provided in the language requested by the Company and, to the extent required by applicable law, in English and/or in the language of the country or countries in which the Products are available to be listed for sale through the Platform.

  • Notwithstanding any provision of these Terms and Conditions, the Company will have the right, in its sole discretion, to determine the functionality of the Platform including Content Material, structure, appearance, design, and all other aspects of the Platform, the selling through the Platform, as well as , if any, sales traffic activities, (including the right to re-design, modify, remove or alter the content, appearance, design, meta-tags, titles, mark-ups, style sheets, scripts, applications, internal and external links and other aspects of, and prevent or restrict access to the Platform and any element, aspect, portion or feature thereof (including any product listings), from time to time).

Sale and Purchase of Product

  • The Company does not represent either a Buyer or a Seller, and has no authority to act on behalf of either party.

  • Whether in your capacity as Bixzee Account’s holder, Buyer or a Seller (as the case may be), you shall be solely and directly responsible for all liabilities and legality of the payment transactions related to transactions entered into between you and other Bixzee Account’s holder or between the Seller and Buyer relating to the orders made through the Website and also in relation to any information provided by you to other Bixzee Account’s holder and vice versa.

  • Any liabilities and risks relating to transactions undertaken shall be borne by the relevant parties. As such, before proceeding with any transaction on the Website, you must make your own independent assessment and determination regarding the statements, Product descriptions, the representations of the other party and the party’s ability to pay for or deliver the Products offered and specific terms and conditions imposed by Sellers regarding refunds, exchanges and returns (if any).

Faults, Defects, Deficiency and non-compliance of Products

  • The Seller warrants that all delivered Products will comply with the specifications listed on the Platform and with applicable laws (that the Products strictly conform to any and all product warranties, specifications, drawings, samples, performance criteria and all applicable quality, safety and hygiene requirements), and will be free from faults and defects.

  • Notwithstanding anything to the contrary, the Company shall have the right at all times to be compensated by the Seller for any damage suffered as a consequence of any fault, defect, deficiency and non-compliance with respect to any of the Seller’s Products.

  • The Seller shall indemnify the Company from any cost, loss, expense or damage deriving from any third-party claims, legal actions or proceedings brought against the Company and deriving from or in connection with the sale and use of the defective, faulty, deficiency and/or non-compliant Products. 

  • In the event that the Seller lists on the Platform any fake or counterfeit products or products prohibited from use, distribution or sale under applicable laws, or submits any document or agreement (including invoices) for a product that the Company suspects to be fake, falsified, fabricated or counterfeit, the Company may at its sole discretion take any or all of the actions listed in the Terms and Conditions as set forth herein.

  • In the event that the Seller (i) violates any import regulation, including but not limited to the declaration of a Product’s value to be lower than its actual value to the applicable local authority, (ii) provides an untraceable or unidentifiable tracking number to the Company or the Buyer, or (iii) provides a misleading, incorrect, and/or fraudulent Products or any such contents on the Platform, the Company may at its sole discretion take any or all of the actions listed in the terms and condition as set forth herein.

Delivery of Products

  • Delivery of the Products shall be made to the address specified by the Buyer in the Purchase

  • The Buyer agrees to bear the risk for any Products wrongly delivered due to incorrect details provided by the Buyer.

Liability

  • The Company does not guarantee the quality, safety of the products but the company has the power to disclaim the illicit trafficking.

  • All materials, information, software, products, services and other content contained on the Website or from a linked site, is provided to you on “as is” basis and without warranty or conditions of any kind, express or whether implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

  • The Company assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Website and under no circumstances will the Company be liable for any loss or damage by your reliance on information obtained through the Website. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the Website is solely at your own risk.

  • The Company shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the supply or use of the Products. Under no circumstances shall the Company be held liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of a Bixzee Account’s holder or whether in action for contract, breach of warranty, tort or otherwise.

  • THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. SPECIFICALLY, YOU AGREE THAT THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. SPECIFICALLY, YOU ALSO AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND / OR INCLUDED IN THIS SITE BY ANY THIRD PARTY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT PRODUCTS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) NEGLIGENCE, (6) AND ANY THEORY OF LIABILITY, OUT OF OR IN ARISING CONNECTION WITH THE USE OF, INABILITY OR TO USE THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranties

  • You understand and agree that Transactions between you and other Bixzee Account’s holder on the Website are deemed to be private contractual arrangements between you and such Bixzee Account’s holder, and Bixzee is not a party to, and does not represent the Bixzee Account’s holder or you in such transactions. The Company is only responsible for operating and managing the Website and making reasonable efforts in order to maintain efficient Services on the Website.

  • If a you have a dispute with one or more Bixzee Account’s holder, you hereby release the Company, and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  • Accordingly, to the extent that is legally permitted, the Company excludes all implied warranties, terms and conditions. The Company is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website and Services.

  • ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THE WEBSITE, OR FROM A LINKED SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR WHETHER IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE TO THE BIXZEE ACCOUNTS CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE BIXZEE ACCOUNT HOLDER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED AND USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

Indemnification

  • You hereby shall indemnify to the fullest extent the company from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.

Time of the Essence

  • Time whenever mentioned shall be of the essence in this Terms and Conditions.

Force Majeure 

  • The Company shall not be liable to Seller or Buyer or Bixzee Account’s holder or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of the Company’s obligations if the delay or failure was due to any event or caused by factors outside the Company control including that of workmen, riot or civil commotion, administrative action, rules, regulations or legislation of the Government, acts of God, enemy action, shortage of raw material or any inevitable accident and in the event of any such cause intervening, this Agreement shall stand suspended until such time as the cause giving rise to such suspension shall no longer prevail.

Invalidity & Severability

  • If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms and Conditions

  • The company is permitted to revise these Terms and Conditions at any time as it sees fit, and by using this Website you are expected to review such Terms and Conditions on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Entire Contract

  • These Terms and Conditions, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the company and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Miscellaneous 

  • Compliance with law: In its performance under this Terms and Conditions, agreement or any other Customer Agreement, the Seller shall strictly comply with all applicable laws, treaties, ordinances, codes and regulations, and specifically with any personal data protection, import and export, and health, safety and environmental, laws, ordinances, codes and regulations of any jurisdiction (whether international, country, region, state, province, city, or local) where this Agreement may be performed. Upon the Company’s written request, the Seller shall provide any written certification of compliance required by any federal, state, or local law, ordinance, code, or regulation. For avoidance of doubt, the Seller shall only use and/or disclose personal data received from the Company solely for the purpose of performing its obligations under this Terms and Conditions, agreement or any Customer Agreement and in accordance with the requirements under the applicable personal data protection laws and regulations and in a manner that ensures the Company remains in compliance with the requirement under the applicable personal data protection laws and regulations.
  • The actual or future invalidity or ineffectiveness of one or more provisions in these Terms and Conditions shall not affect the validity or effectiveness of the whole document.

  • The failure of a Party to exercise its rights in case of breach of contract by the other Party shall not be considered as a waiver of its rights under these Terms and Conditions or under the applicable laws.
  • The singular of terms used in these Terms and Conditions includes the plural and vice versa, unless the context otherwise requires.
  • Any reference to national, provincial, local or foreign rules or provisions are meant to also include all provisions and regulations issued pursuant to such provisions, unless the context otherwise requires.
  • The Terms and Conditions govern your access and use of the website and the use of any services, information and functions made available at the website. Before using this website, you must read carefully and accept these Terms and Conditions pertaining to the use of the website and you must consent to the processing of your personal data. Bixzee Account, Seller and/or Buyer acknowledge and agree that the Company has the right to disclose your personal data to any legal authorities, regulatory, governmental, tax, law enforcement or any other relevant authorities reasonably request. Bixzee Account, Seller and/or Buyer agree not to take any action, proceeding and/or waive your rights to take any action against the Company for the disclosure of the personal data in the circumstances abovementioned.  

Governing Law & Jurisdiction

  • These Terms and Conditions shall governed by and construed in accordance with the laws of Malaysia, and you shall submit to the exclusive jurisdiction of the Malaysian courts for the resolution of any disputes.
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