Privacy Policy

TERMS OF USE

INTRODUCTION

1.1 Welcome to the SpeedApps.com.my website and/or the SpeedApps mobile app (the “Platform”). These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “SpeedApps Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://www.SpeedApps.com.my/privacy-policy/. By accessing the Platform and/or using the Services, you agree to be bound by SpeedApps Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to SpeedApps Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.

1.2 The Terms of Use stated herein constitute a legal agreement between you and Ecart Services Malaysia Sdn. Bhd. (Company No.: 983365-K), a company incorporated in Malaysia and having its registered address at Unit No. 17-2, Level 17, Wisma UOA II, No. 21, Jalan Pinang, 50450 Kuala Lumpur (“SpeedApps”, “we”, “us” or “our”).

1.3 SpeedApps reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or SpeedApps Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

1.4 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 obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

2. USE OF THE PLATFORM AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. SpeedApps shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.5 We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

2.6 Third Party Vendors: You acknowledge that parties other than SpeedApps (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by SpeedApps or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer. You further acknowledge that Third Party Vendors may utilise paid services offered by SpeedApps to occupy certain product listings slots within your search results on the Platform. Such Product listing may be accompanied by a "megaphone" logo.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5. Our limitation of responsibility and liability

5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by SpeedApps of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, SpeedApps does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

5.3 SpeedApps and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Platform or the Services;

(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other SpeedApps Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

8. ARBITRATION

8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other SpeedApps Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

8.2 Notwithstanding the foregoing, SpeedApps reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

9. TERMINATION

9.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other SpeedApps Terms and Conditions. Upon any termination of these Terms of Use and/or other SpeedApps Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that SpeedApps shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of SpeedApps, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

TERMS AND CONDITIONS OF SALE

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who purchases Goods on the Platform;

"Conditions" mean these Terms and Conditions of Sale;

"Contract" means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

“DCR” means DCR Marketing Sdn. Bhd. (Company No.: 718792-P), a company incorporated in Malaysia and having its registered address at C-3-33A & C-3-33, 3rd Floor, Blok Camilia, 10 Boulevard, Lebuhraya SPRINT, PJU6A, 47400 Petaling Jaya, Selangor Darul Ehsan, Malaysia;

"Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“SpeedApps” means Ecart Services Malaysia Sdn. Bhd. (Company No.: 983365-K), a company incorporated in Malaysia and having its registered address at Unit No. 17-2, Level 17, Wisma UOA II, No. 21, Jalan Pinang, 50450 Kuala Lumpur;

“SpeedApps Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the SpeedApps.com.my website and/or the SpeedApps mobile app;

“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor. SpeedApps may also be a “Seller” for selected Goods;

“Services” means the use of any services, information and functions made available by SpeedApps at the Platform;

“Third Party Vendor” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and excludes SpeedApps; and

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to “SpeedApps” in these Conditions refer to both SpeedApps’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it SpeedApps or a Third Party Vendor, may be stated on the webpage listing such Goods.

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by SpeedApps and SpeedApps has accepted the same, this shall constitute a Contract entered into directly between the Buyer and SpeedApps. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, SpeedApps is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Seller endeavours to provide an accurate description of the Goods, neither SpeedApps nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by SpeedApps in its website shall be subject to correction without any liability on the part of SpeedApps.

3. Orders and Specifications

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. SpeedApps shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which SpeedApps shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon SpeedApps issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, SpeedApps shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. SpeedApps shall furthermore be entitled to require the Buyer to furnish SpeedApps with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from SpeedApps and on terms that the Buyer shall indemnify SpeedApps in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by SpeedApps as a result of the modification or cancellation, as the case may be.

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to SpeedApps in addition to the price, but it excludes the delivery charges.

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which SpeedApps shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to SpeedApps, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that SpeedApps is entitled to collect payments from Buyer on behalf of Third Party Vendors.

5.2 The terms and conditions applicable to each type of payment, as prescribed by SpeedApps on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card

Credit card payment option is available for all Buyers. SpeedApps accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.

Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

5.2.2 Debit Cards

SpeedApps accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a SpeedApps account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. SpeedApps, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

5.2.4 Instalment Payments via Credit Card

i. Only Buyers making payment for Goods by means of a credit card issued by Maybank or any other instalment payment partner banks which we may inform from time to time shall be entitled to participate in the six (6) months and twelve (12) months instalment payment plan, as provided below (“Entitled Buyer(s)”).

ii. Entitled Buyers making minimum purchases of RM500 shall be entitled to apply to make payment for the Goods by means of the six (6) months Easy Pay Instalment Scheme whereas Entitled Buyers making minimum purchases of RM1,000 shall be entitled to apply to make payment for the Goods by means of the twelve (12) months Easy Pay Instalment Scheme, subject to a maximum purchase value of RM50,000.

iii. For purposes of this sub-Clause, the instalment payment plan set out in sub-Clauses 5.2.4 (i) and (ii) above shall collectively be referred to as “Credit Card Instalments”.

iv. When the Entitled Buyer purchases Goods and makes payment for the same via Credit Card Instalments, the transaction shall be handled by DCR. Each Entitled Buyer would receive a call from DCR for verification and approval. An Entitled Buyer shall only be entitled to purchase Goods via Credit Card Instalments upon verification and approval by DCR.

v. While an approval for a Credit Card Instalments transaction is subject to the Entitled Buyer’s available balance and credit availability on his/her credit card account, DCR also shall retain absolute discretion in granting its approval to any credit card transaction.

vi. When entering into a credit card transaction for the purchase of Goods via Credit Card Instalments, DCR’s name shall be shown as the selling merchant in the Entitled Buyer’s credit card statement.

vii. When an Entitled Buyer makes an application to SpeedApps for the payment of Goods via Credit Card Instalments and upon approval of the application by DCR, as provided above, the Buyer’s bank will debit the Entitled Buyer’s credit card account with the instalment payable monthly, for the duration stipulated. The Entitled Buyer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Goods, which will not be available to Entitled Buyer for the duration of the instalment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each instalment amount is made monthly.

viii. Each Credit Card Instalments may be charged a processing fee prescribed by the relevant instalment payment partner banks. This fee shall not be refundable, even if the purchase transaction is terminated, regardless of the reason of termination.

ix. If the Entitled Buyer decides to cancel his/her orders twenty-four (24) hours after the relevant order has been confirmed and prior to shipment, SpeedApps shall be entitled to impose a minimum of 15% of the total amount of the purchase price of the relevant Goods and the processing fee as administrative fees, in addition to the transaction fees charged by the relevant instalment payment partner banks. The balance after deduction of the administrative fees and the transaction fees will be refunded to the Entitled Buyer.

x. In the event of cancellation of the Entitled Buyer’s credit card account, any unpaid portion of the purchase price of the relevant purchased Goods shall become immediately due and payable. Insofar as is possible, this outstanding sum shall be debited to the Entitled Buyer’s credit card without further reference payable by the Entitled Buyer.

xi. When the Entitled Buyer chooses to make payment for purchase of Goods via Credit Card Instalments, SpeedApps’s 14-days Return Policy will no longer be applicable and the Entitled Buyer will no longer be allowed to return any items unless it is damaged to which the item shall be replaced or refunded for the amount paid. Such replacement or refund will not affect or interrupt the Credit Card Instalments. No returns for “change of mind” reason will be valid for Entitled Buyers that choose to make payment for the Goods via Credit Card Instalments.

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 SpeedApps has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and SpeedApps shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to SpeedApps, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If SpeedApps fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify SpeedApps of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as SpeedApps's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. SpeedApps shall be entitled at any time to demand the Buyer to deliver up the Goods to SpeedApps and in the event of non-compliance SpeedApps reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to SpeedApps, SpeedApps may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

6. Delivery of Goods

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 SpeedApps has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and SpeedApps shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to SpeedApps, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If SpeedApps fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify SpeedApps of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as SpeedApps's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. SpeedApps shall be entitled at any time to demand the Buyer to deliver up the Goods to SpeedApps and in the event of non-compliance SpeedApps reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to SpeedApps, SpeedApps may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

7. Return, Refund and Replacement of Goods

7.1 All Goods sold on the Platform is covered under the SpeedApps 7 Days Easy Returns or 14 Days Easy Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with SpeedApps or Seller through the Platform. The logo(s) of the Return Policy for each Goods can be found on the Goods’ product page.

7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to SpeedApps or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to SpeedApps or Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact SpeedApps or Seller within 48 hours of receiving the delivery to expedite the claim process.

7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:

7.2.1 the Goods delivered to Buyer is defective and/or damaged on delivery;

7.2.2 the Goods, in particular fashion items, which does not fit (not applicable for fashion items from overseas Sellers);

7.2.3 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;

7.2.4 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;

7.2.5 Buyer has a change of mind with regard to the Goods; and

7.2.6 such other circumstances which may be prescribed by SpeedApps on the Platform.

7.4 Notwithstanding Clause 7.3 above, milk formula products are returnable except for "change of mind" request. Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.

7.5 Notwithstanding Clause 7.3 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.

7.6 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by SpeedApps on the Platform. Please see Help Center for further details.

7.7 Questions and complaints with regards to returns

7.7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact SpeedApps using the “Contact Us” page on the Platform, as applicable.

7.7.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, SpeedApps reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8 Risk and property of the Goods

8.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when SpeedApps has tendered delivery of the Goods.

8.3 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until SpeedApps has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.

8.4 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as SpeedApps's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

8.5 The Buyer agrees with SpeedApps that the Buyer shall immediately notify SpeedApps of any matter from time to time affecting SpeedApps’s title to the Goods and the Buyer shall provide SpeedApps with any information relating to the Goods as SpeedApps may require from time to time.

8.6 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), SpeedApps shall be entitled at any time to demand the Buyer to deliver up the Goods to SpeedApps and in the event of non-compliance SpeedApps reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.7 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of SpeedApps but if the Buyer does so all moneys owing by the Buyer to SpeedApps shall (without prejudice to any other right or remedy of SpeedApps) forthwith become due and payable.

8.8 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

8.9 The Buyer shall indemnify SpeedApps against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of SpeedApps's rights under this condition.

9 Termination

9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to SpeedApps through our Contact Us page at https://www.SpeedApps.com.my/contact/. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.

9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or SpeedApps acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:

9.2.1 the Goods under the Contract being unavailable for any reason; and/or

9.2.2 the Goods under the Contract has been mispriced on the Platform.

10 Warranties and Remedies

10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

10.2 Subject to this Clause 10 of these Conditions, SpeedApps warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), SpeedApps further gives to the Buyer such implied warranties as cannot be excluded by law.

10.3 SpeedApps’s above warranty concerning the Goods is given subject to the following conditions:

10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to SpeedApps.

10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

10.3.3 SpeedApps binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of SpeedApps's opinion in that behalf. SpeedApps is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. SpeedApps does not give any warranty as to the quality state condition or fitness of the Goods.

10.3.4 SpeedApps shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of SpeedApps, addition and insertion of parts, in particular of spare parts which do not come from SpeedApps.

10.3.5 SpeedApps shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow SpeedApps's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without SpeedApps's approval.

10.3.6 SpeedApps is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without SpeedApps’s prior written approval and the Buyer shall indemnify SpeedApps against each loss liability and cost arising out of such claims.

10.3.7 SpeedApps shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

10.3.8 SpeedApps shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to SpeedApps or Seller in exchange for a replacement or a refund in accordance with SpeedApps’s Return Policy and Clause 7 of these Conditions above.

10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. SpeedApps and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon SpeedApps’s or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once SpeedApps or Seller has accepted such request.

10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, SpeedApps may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

10.7 When SpeedApps or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of SpeedApps or Seller.

11 Liability

11.1 In no event shall SpeedApps be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if SpeedApps had been advised by the Buyer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and SpeedApps’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions .

11.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.

11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

11.5 No action shall be brought against SpeedApps later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

12 General

12.7 Neither SpeedApps nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond SpeedApps's or Seller’s reasonable control.

12.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to SpeedApps, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

12.9 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

12.10 No waiver by SpeedApps of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, SpeedApps’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

12.11 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

12.12 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

12.13 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.9 below.

12.14 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against SpeedApps. Any such actions brought against SpeedApps for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

12.15 Notwithstanding Clause 12.8 above, SpeedApps shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

12.16 SpeedApps may, through the Platform or by such other method of notification as SpeedApps may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date SpeedApps specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.

12.17 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

12.18 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

12.19 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

12.20 SpeedApps reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as SpeedApps deems appropriate.

OFFLINE TO ONLINE (“O2O”)

Terms and Conditions of Offline to Online (“O2O”) Arrangement

1. Interpretation

1.1 In these Conditions:

"Buyer" or “Customer” means the person who purchases Goods using an O2O arrangement as detailed in Clause 2.1 herein;

"Conditions" mean these Terms and Conditions of Offline to Online (“O2O”) Arrangement;

"Contract" means the contract formed when Seller accepted the order placed by Buyer for the purchase of Goods and/or services sold by Seller under an O2O Arrangement;

“Goods” means the goods made available for sale by Seller via the O2O Arrangement;

“SpeedApps” means Ecart Services Malaysia Sdn. Bhd. (Company No.: 983365-K), a company incorporated in Malaysia and having its registered address at Unit No. 17-2, Level 17, Wisma UOA II, No. 21, Jalan Pinang, 50450 Kuala Lumpur;

“SpeedApps Terms and Conditions” means these Conditions and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the azada.com.my website and/or the SpeedApps mobile app;

“Seller” means a third party seller which sells Goods and/or services to Buyer under an O2O Arrangement;

“Services” means the use of any services, information and functions made available by SpeedApps at the Platform;

“Writing” includes electronic mail, facsimile transmission and any comparable means of communication.

1.2 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

.

2. Basis of the Contract

2.1 O2O arrangement: The O2O arrangement enables Customers to visit any of the participating physical stores managed by a Seller, scan a QR code, make a purchase and pay for the purchase using SpeedApps mobile app and SpeedApps electronic wallet (“e-wallet”) operated by Alipay Malaysia Sdn. Bhd. (“SpeedApps Wallet”). Customers will then collect the Goods and/or consume services from the Sellers at the participating physical stores.

2.2 The sales and purchase contract (“Contract”) is entered into directly between the Buyer and Seller. SpeedApps is not a party to any Contract between the Buyer and Seller, and accepts no obligations in connection with any such Contract.

2.3 Seller shall be fully responsible for Goods and/or services offered and/or sold to Customers and related enquiries, complaints and liability. SpeedApps shall not be liable to Customers for any claim that Goods and/or service is not collected or delivered, or is otherwise defective, unsatisfactory, or does not meet legal or other requirements.

.

3. Orders

3.1 All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract. The Buyer shall be responsible for ensuring the accuracy of the price entered on the Platform.

.

4. Price and Payment

4.1 The price of the Goods and/or services to be charged by Seller shall be the price stated in the physical store at the time which the Buyer completes the payment process on the Platform. Buyer shall ensure that the right price (including all applicable consumption tax e.g. Sales and Services Tax) is keyed onto the Platform.

4.2 Under an O2O Arrangement, a Buyer shall make payment for the Goods and/or services using SpeedApps Wallet on the Platform upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to SpeedApps, as Seller’s agent. Buyer acknowledges that SpeedApps is entitled to collect payments from Buyer on behalf of Seller.

4.3 The terms and conditions applicable to payment via SpeedApps Wallet, as prescribed by SpeedApps on the Platform, shall be applicable.

.

5. Delivery

5.1 Delivery of the Goods and/or services shall be made by the Seller to the Buyer.

5.2 Seller shall be fully responsible for the Goods and/or services offered and/or sold to Customers and related enquiries, complaints and liabilities, including in relation to delivery of Goods and/or services.

.

6. Return, Refund and Replacement of Goods and/or Services

6.1 Seller shall deal directly with, and be responsible to, Customers on matters relating to return, refund, replacement and cancellation of Goods and/or services. The return and/or exchange of any damaged or defective Goods and/or services (where applicable) shall be managed according to the Seller’s store policy in force from time to time.

6.2 Except as stated in clauses 6.3 and 7.1, SpeedApps will not be required to process any refund to Customers, and such refund requirements shall be settled between Seller and Customers;

6.3 If a Customer had made excess payment via SpeedApps Wallet and notifies SpeedApps within two (2) days of such payment, SpeedApps shall process the refund of excess payment to such Customer. In the event of shortfall in payment, Customer shall make another payment via SpeedApps Wallet to pay for the shortfall.

.

8. Risk and property of the Goods and/or services

8.1 Risk of damage to or loss of the Goods and/or services shall pass to the Buyer at the time of delivery.

8.2 Notwithstanding delivery and the passing of risk in the Goods any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until SpeedApps has received payment in full.

8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as SpeedApps’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

.

9. Warranties and Liabilities

9.1 Subject as expressly provided in these Conditions, all other warranties, conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

9.2 SpeedApps is not liable for any loss, damage or liability of any kind suffered by Buyer or any third party directly or indirectly caused by the Goods and/or services, and the Buyer shall indemnify SpeedApps against each loss, liability and cost arising out of such claims.

9.3 In no event shall SpeedApps be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if SpeedApps had been advised by the Buyer of the possibility of incurring the same.

10. General

10.1 Neither SpeedApps nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond SpeedApps’s or Seller’s reasonable control.

10.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to SpeedApps, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the Customer account information with SpeedApps.

10.3 No waiver by SpeedApps of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, SpeedApps’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

10.4 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

10.5 The Conditions shall be governed by the laws of Malaysia.

10.6 Buyer must exhaust all legal avenues against Seller should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against SpeedApps. Any such actions brought against SpeedApps for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties. Notwithstanding the above, SpeedApps shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

10.7 SpeedApps may, through the Platform or by such other method of notification as SpeedApps may designate, vary the terms and conditions of these Conditions, such variation to take effect on the date SpeedApps specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Conditions.

10.8 These Conditions, and SpeedApps Terms and Conditions, shall constitute the entire agreement between Buyer and SpeedApps relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

10.9 SpeedApps reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as SpeedApps deems appropriate.

BILLS PAYMENTS TERMS AND CONDITIONS

Bills Payments Terms and Conditions

1. The following Terms and Conditions apply to the availment of the bills payment services (including mobile top-ups and bill payments for prepaid and postpaid services) provided and managed by third party aggregators, utility or phone companies and/or billers ("Third Party Biller"), and made available on SpeedApps’s websites, mobile applications and in-application stores ("Bills Payment Services"). By availing of the Bills Payment Services, a customer/user ("Customer") agrees unconditionally and irrevocably to be bound by, and shall be deemed to accept, these Terms and Conditions in addition to the SpeedApps Terms of Use and the SpeedApps Terms and Conditions of Sale (where applicable).

2. The Customer acknowledges that the Bills Payment Services are provided and managed by Third Party Billers. Accordingly, the bill payment transactions and agreements are entered directly between the Customer and Third Party Billers.

3. Bills payments will be made by the Third Party Billers according to the information provided by the Customer. The Customer shall be responsible for any errors in any information given, such as but not limited to bill details, account name, and amounts. The Customer shall check carefully before payment, as the transactions are non-cancellable and non-refundable once payments are made.

4. The Customer should note that in very exceptional situations, there could be cases of failed payments due to technical glitch, and therefore the Customer should pro-actively check payment status; in cases of failed payments, the Customer should take steps to make the relevant payments promptly again to avoid late payment charges imposed by Third Party Billers.

5. The Customer agrees that he/she will not be furnished with printed receipts from the Third Party Billers. Transaction reference numbers, however, will be provided.

6. SpeedApps reserves the right to cancel, reject the order and/or recover monies paid to Third Party Billers (where applicable) if the Customer failed to comply with these Bills Payment Terms and Conditions, the SpeedApps Terms of Use, and the SpeedApps Terms and Conditions of Sale (where applicable), or if SpeedApps determines in its sole discretion that the order was made under suspicious circumstances, with fraudulent intent, or in relation to any illegal activity.

7. If any excess monies have been paid to the Third Party Billers by SpeedApps or its payment service provider (compared to what was paid by Customer), SpeedApps reserves the right to recover from the Customer such amounts.

8. These Terms and Conditions, the Bills Payment Services, as well as associated fees, charges and requirements (if any), may be subject to change without further notice.

9. By availing of the Bills Payment Services and providing their personal information, the Customer consents to the transmission, transfer or processing of said information as may be deemed necessary or appropriate to perform the bills payment services referenced herein. The Customer likewise acknowledges and agrees to SpeedApps’s Privacy Policy as applicable from time to time.

PLATFORM ENGAGEMENT TOOLS

1. Acceptance of Terms and Conditions

1.1. The following Platform Engagement Tools Terms & Conditions (the “Platform Terms”) govern the use of the platform engagement tools and other related services (collectively, the “Tools” and, each a “Tool”) provided by Ecart Services Malaysia Sdn. Bhd. (“SpeedApps”) on SpeedApps’s websites and/or mobile applications (the “Platform”).

1.2. By using any of the Tools, you are agreeing to be bound by these Platform Terms as a User (as defined below). These Platform Terms are in addition to the Terms of Use and the Terms & Conditions of Sale, SpeedApps Wallet Terms, which shall continue to govern your use of the Platform and which are hereby incorporated by reference into these Platform Terms. Unless otherwise defined, the definitions and provisions in respect of interpretation in the Terms of Use will apply to these Platform Terms.

1.3. The use of the Tools may be subject to additional terms (“Additional Terms”) that SpeedApps may prescribe from time to time. In relation to any Tool, the Additional Terms that govern the use of such Tool shall be made accessible via such Tool. If you do not agree to any of the Additional Terms, you should discontinue your use of the Tools that are subject to those Additional Terms.

1.4. In the case of any inconsistency or conflict between any documents referred to in these Platform Terms that is not expressly resolved in those documents, such inconsistency or conflict will be resolved in the following order of descending priority: the relevant Additional Terms, the Platform Terms, the Terms of Use and the Terms & Conditions of Sale.

2. Tools Conditions

2.1. The Tools are offered solely for the purpose of a User’s personal entertainment and benefit. The use of the Tools for business or commercial purposes is strictly prohibited.

2.2. SpeedApps may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, discontinue the provision of, or remove any of the Tools, and SpeedApps shall not be liable if any such upgrade, modification, suspension, discontinuation or removal affects your use of the Platform or prevents you from accessing any of the Tools.

2.3. A “User” means a Customer who has installed the SpeedApps mobile app and registered for a customer account on the Platform. The use of certain Tools may be subject to additional terms of eligibility, which shall be prescribed by SpeedApps in its sole discretion; such additional terms of eligibility would be set out in the relevant Additional Terms.

2.4. Users shall be prohibited from running the Tools (including all individual mobile application page interfaces) with programs other than the relevant SpeedApps client program provided by SpeedApps. Examples of prohibited programs include, without limitation, automated bots and other tools meant to replace or supplement the relevant SpeedApps client program provided by SpeedApps, as well as scripts and completely or partially automated programs that provide any User with any advantage over other Users by enabling, for example, auto-refresh functions and other integrated browser mechanisms that use or concern automated procedures for using the Tools.

2.5. Users are, under no circumstances, permitted to do any of the following:

(i) create, exploit or use bugs, cheats, mods and/or hacks, or any other third party software products that may change the result, function or gameplay of the Tools;

(ii) use software that allows the mining or scraping of data or otherwise intercepts or collects information in connection with the Tools;

(iii) use any rewards (including, without limitation, virtual items such as LazCoins, LazGems, deal, platform or brands vouchers) acquired via the Tools for any purpose other than the purchase of Products on the Platform; and

(iv) sell, buy or trade customer accounts on the Platform,

and the foregoing shall include all circumventions, similar actions or actions that produce an effect that matches the aforementioned prohibitions.

3. Warranties and Liability

3.1. SpeedApps offers the Tools within the context of its technical and operational capabilities.

3.2. Unless expressly set out in these Platform Terms or the relevant Additional Terms, to the fullest extent permitted by law, neither SpeedApps nor any of its service providers or affiliates makes any warranty (whether express or implied), representation or undertaking about the Tools (including, without limitation, their accuracy, availability and reliability), any software or hardware used with the Tools, any application or feature accessed by a User using the Tools, or the reliability or quality of the underlying telecommunications network accessed by such User using the Tools.

3.3. The Tools are provided on an ‘as is’ and ‘as available’ basis, and their availability is subject to the availability, functionality and reliability of resources used to provide the Tools (including, without limitation, the Platform, SpeedApps’s systems and the relevant third party tools), downtime and lack of availability (whether for technical reasons, required maintenance work, or otherwise), as well as events, circumstances or causes beyond SpeedApps's reasonable control.

3.4. To the fullest extent permitted by law, SpeedApps shall not be responsible to any User for any loss, damage, fine, regulatory action, claim or compensation of whatever nature arising from or relating to such User's use of, or inability to use, the Tools (collectively, the “Liabilities”) including but not limited to (i) such User’s breach of these Platform Terms, (ii) any alleged unauthorised transactions, disruptions, errors, defects or unavailability of the Tools, and (iii) any loss of data or damage to any software or hardware used by such User to access the Tools.

3.5. In the event that any Liabilities are not excluded under clause 3.4 of these Platform Terms, to the fullest extent permitted by law, SpeedApps’s maximum aggregate liability to any User in respect of such Liabilities, whether under all applicable laws of contract, tort or otherwise, shall be limited to RM150.

4. Content Restrictions

4.1. The Tools include various content, imagery, media and graphics that are protected by trademarks, copyrights or other means for the benefit of SpeedApps or third parties. Unless explicitly permitted by these Platform Terms, or otherwise agreed in writing by SpeedApps, no User or any third party may edit, copy, distribute, publicly reproduce or use any Tool for any purpose other than the purpose set out in clause 2.1 of these Platform Terms. Copyright information and brand names may not be changed, hidden or removed. The term “content” includes all and any data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and any other information provided or developed by SpeedApps, and any such services available for download.

4.2. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of the Platform, the Tools or any individual services or functions on the Platform. Users are also required to abstain from any measure which may allow unauthorised access to data.

5. User’s Obligations

5.1. Each User acknowledges and agrees:

(i) to comply with all applicable laws and regulations when using the Tools;

(ii) to comply with all third party terms (including, without limitation, any applicable terms of use, policies and guidelines, as well as third party terms of sharing channels that a User may use to invite others to use the Tools) that apply to the use of the Tools used by such User;

(iii) to be responsible for all information that is communicated, submitted or transmitted, whether to SpeedApps or third parties, from such User's account or device in the course of such User’s use of the Tools;

(iv) not to use the Tools or permit the use of the Tools in any manner which may adversely affect other Customers' or Users’ use of the Tools or the goodwill or reputation of SpeedApps or the SpeedApps group of companies; and

(v) to be responsible for complying with these Platform Terms.

5.2. Where SpeedApps, in its sole discretion, discovers or suspects that a User has breached any of these Platform Terms or the relevant Additional Terms, SpeedApps may take all such steps and remedies as it deems appropriate. Such steps include, without limitation:

(i) to investigate such User's account;

(ii) to prevent, restrict or suspend the access of such User to the Tools (or any part thereof) or the Platform;

(iii) to report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities;

(iv) to forfeit any rewards which a User may have received due to the User’s use of the Tools; and

(v) to cancel any Orders placed during a User’s use of the Tools.

6. Data Collected by SpeedApps

6.1. SpeedApps may collect information from the Users in the course of their use of the Tools. Such information may include personal information such as photographs, names and usernames that a User may upload, provide or use.

6.2. Any personal information that SpeedApps collects may be used by it, or shared with or transferred to third parties (including related companies, third party service providers, and other Users), for any or all of the following purposes:

(i) to display on scoreboards on the Platform (as defined in the Terms of Use) in relation to the Tools;

(ii) to facilitate the administration of the Tools and any rewards associated with the Tools; and

(iii) to otherwise facilitate the use of the Tools.

6.3. For the avoidance of doubt, the Privacy Policy (and the notification of the purposes of data collection therein) as referred to in the Terms of Use shall apply to all personal information referred to under these Platform Terms.

7. Miscellaneous

7.1. If at any time any provision of these Platform Terms or any Additional Terms shall be held to be illegal, invalid, or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of SpeedApps. To the extent it is not possible to delete or modify the provision, in whole or in part, under this clause, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Platform Terms or the relevant Additional Terms, as the case may be, and the legality, validity and enforceability of the remainder of these Platform Terms or the Additional Terms (as the case may be) shall, subject to any deletion or modification made under this clause, not be affected.

7.2. SpeedApps reserves the sole right to alter, modify, add to or otherwise vary these Platform Terms at any time and from time to time, and in such manner as SpeedApps deems appropriate at its absolute discretion. In the event of variation of these Platform Terms, if you continue to use the Tools thereafter, you shall be bound by the Platform Terms as so amended and shall be deemed to have accepted the Platform Terms as so amended.

7.3. The laws of Malaysia shall apply to and govern these Platform Terms. Any dispute arising out of or relating to these Platform Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre under the SIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

SpeedApps PAYMENT PROTECTION POLICY

(Updated as of October 2018)

This SpeedApps Payment Protection Policy (“Policy”) supplements the SpeedApps Terms of Use, with regard to your SpeedApps Account. If any matter is not provided for in this Policy but is provided for in the SpeedApps Terms, the provisions of the SpeedApps Terms shall prevail. If there is a conflict between the provisions of this Policy and the provisions of SpeedApps Terms, the provisions of this Policy shall prevail to the extent of such conflict. Unless otherwise expressly provided herein, the capitalized terms shall have the same meanings as set forth in the SpeedApps Terms. This Policy is a legal agreement between you and Ecart Services Malaysia Sdn. Bhd.. By using your SpeedApps Account, you agree to be bound by the terms of this Policy.

1.1 Protection against Unauthorized Transactions.

SpeedApps will provide you with compensation for Unauthorized Transactions (defined below), provided that you comply with the procedures set out within the Policy.

An "Unauthorized Transaction" occurs when, because of a fraudulent take-over of the SpeedApps Account:

Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your SpeedApps Account. If you authorize someone to access your Wallet by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.

1.2 Notify SpeedApps

a. You should immediately notify SpeedApps if you believe there has been an Unauthorized Transaction or unauthorized access to your SpeedApps Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account.

b. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction. SpeedApps will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate.

c. If an Unauthorized Transaction appears in your account, please contact SpeedApps Customer Service through the contact us page (https://www.SpeedApps.com.my/contact). You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. SpeedApps will only initiate an investigation upon receipt of all information/documents.

1.3 Actions taken by SpeedApps upon receipt of notification

a. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:

(a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.

(b) SpeedApps will complete the investigation within 2 working days from the date where all necessary information and/or documents were received by us.

(c) We will inform you of our decision once we complete the investigation.

b. If we determine that the Unauthorized Transaction is one which qualifies for SpeedApps Payment Protection, we will credit the full amount of the Unauthorized Transaction to the respective sources as shown below:

 

c. If we determine that the Unauthorized Transaction is one that does not qualify for SpeedApps Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.

1.4 Scope of protection

a. The following types of transactions are excluded from the scope of coverage of our SpeedApps Payment Protection Policy:

(a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;

(b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;

(c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;

(d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond SpeedApps’s reasonable control;

(e) Where the Unauthorized Transaction took place as a result of any terminal or system (including SpeedApps and Alipay) being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;

(f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or

(g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.

SPEEDAPPS

We are a vibrant company that specializes in SpeedApps academy, Customized Digital Development, and IT solutions, established since 2016. 

Kuala Lumpur

KL Eco City
Menara 2, BO1-A 09 
3 Jalan Bangsar 
59200 Kuala Lumpur

  • Facebook
  • Instagram
  • LinkedIn
  • test