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Introduction
The eCosway Shopping Mall features a wide range of products and services (hereinafter referred as "merchandise") sourced directly from Suppliers. By purchasing merchandise through an eCosway Shopping Mall, an individual shall automatically become a Registered Shopper and will receive from eCosway an email notification; the Registered Shopper Identification number (Shopper ID), Password and URL/website address. Each time the Registered Shopper uses his or her Shopper ID and Password to login to make an online purchase, he or she shall receive Value Points and all other benefits under the Shopper Rewards Program. The Registered Shopper shall adhere to the Shopping Terms and Conditions below.
Shopping Terms and Conditions
- I understand that as an eCosway Registered
Shopper:
- I will receive a Shopper ID, password and URL/website address.
- I have the right to offer for sale eCosway merchandise and enroll other Shoppers through my website address using my ID in accordance with these Terms and Conditions.
- There is no charge or fee required
to become an eCosway Registered Shopper or to participate in the
eCosway Shopper Rewards Program.
- I agree to present the eCosway Shopper
Rewards Program and eCosway merchandise as set forth in official eCosway
material. I will make no claims regarding eCosway merchandise beyond
what is stated in the official eCosway material.
- I understand that these Terms and Conditions
or the eCosway Shopper Rewards Program may be amended from time to
time at the sole discretion of the Company, and I agree to be bound
by any such amendment(s) . The continuation of my status as a Registered
Shopper or the use of my Value Points shall constitute my acceptance
of any and all the amendment(s). Any amendment shall become effective
upon notification by email notice or the date of posting at eCosway
Website.
- I warrant and represent as follows:
- I am of the age of majority in my country, state, province or territory of residence and I have the legal right and capacity to contract under these Terms and Conditions with eCosway and to purchase merchandise through eCosway.
- I shall be financially responsible for all orders that I place through eCosway and understand that all such purchases must be made with a valid credit card or other eCosway approved modes of payment. I hereby authorize the verification of my credit card particulars by the Company or its agent.
- That all information, including
without limitation, my name, mailing address, email address, telephone
numbers, credit card number and expiration date, that I provide
to eCosway in all my orders, is true and accurate.
- With respect to merchandise offered
through eCosway, I understand and agree as follows:
- That the prices for merchandise shall be in US Dollars and may be subject to change from time to time at the sole discretion of eCosway without prior notice.
- That prices listed do not include import duties, sales taxes, value added taxes or other taxes which may be imposed by the country, province or state to which the merchandise may be delivered. All duties, sales taxes, value added taxes, customs fees and other charges, fees or taxes are to be the sole responsibility of the recipient.
- That freight charges shall be added to the price of all merchandise; that such charges are based upon the actual costs of shipping the merchandise from the Supplier to the Shopper's address; and that the freight charges shall be determined after the delivery address is submitted by the Shopper upon check-out from eCosway Shopping Mall.
- That freight charges are not refundable except where: (1) defective merchandise is returned to the Supplier or (2) the wrong item is shipped to the Shopper and the Shopper returns the item to the Supplier (See paragraph 6 below for the Returns Policy and Procedure).
- That accepted modes of payment are posted at the eCosway website and that eCosway reserves the right at its discretion to accept or reject any mode of payment.
- That Suppliers will make every effort to expeditiously ship merchandise and delivery of orders will take approximately three (3) weeks. Availability of merchandise and verification of payment information may delay delivery.
- That upon acceptance of an order by eCosway, an Electronic Order Confirmation and Order Number will be sent to the Shopper. There will be no further notification pertaining to the order unless there is a problem with the order (e.g. non-availability or insufficient quantity). In such an event, eCosway will communicate with the Shopper via electronic mail.
- That orders are processed automatically
and immediately upon acceptance by eCosway, and that there shall
be no cancellations. Returns are only acceptable in accordance with
the Returns Policy and Procedure. Cancellation of orders will only be alowed if the orders have not been fulfilled by the Suppliers. Registered Shoppers must check the Order Status and only if the orders have not been fulfilled, may then submit the online Cancellation Form to eCosway.
- I understand and agree
that any returns of merchandise are subject to the following Returns
Policy and Procedure:
- The return of any merchandise must be within ten (10) days from the date of its receipt.
- All merchandise may be returned unless specified otherwise in the shopping pages of eCosway Shopping Mall.
- The Shopper must complete and submit the online Merchandise Return Form to eCosway.
- Upon approval, a Merchandise Return Number (MRN) will be sent to the Shopper by electronic mail. The Shopper can proceed with the return of the merchandise.
- All returned merchandise must be in original packaging and original condition; and sent to the Supplier's mailing address stated on the shipping label with freight charges prepaid and borne by the Shopper. Suppliers will not accept shipping-collect charges.
- Proper shipping cartons and packaging materials are to be used in packaging the merchandise being returned. The Merchandise Return Number must be written on the Invoice which is to accompany the returned item to the Supplier.
- The Shopper must retain all supporting courier documents as proof of returning the merchandise and for tracking purposes. If the returned merchandise is not received by the Supplier, it is the responsibility of the Shopper to trace the shipment and file a claim for the lost or damaged merchandise.
- Returned merchandise will only
be accepted if all of the above conditions and procedures have
been complied with.
- I understand and agree that all refunds
issued to me pursuant to the Returns Policy and Procedure shall be
credited to my Shopper Refund eAccount. Upon the Supplier's acceptance
of returned merchandise, eCosway will notify the Shopper by electronic
mail of the amount that will be credited to the Shopper's Refund eAccount.
A Shopper must utilize the credit balance available in the Shopper
Refund eAccount towards payment for his or her next purchase. If the
available credit balance in the Shopper Refund eAccount is insufficient
to pay for the next purchase, the balance due must be paid with an
accepted mode of payment.
- I understand that I will remain bound
by these Shopping Terms and Conditions until I email to the Company
a notice of cancellation providing my Registered Shopper Identification
Number and password to effect the cancellation of these Terms and
Conditions and my participation in the Shopper Rewards Program. Upon
cancellation or termination of the said Terms and Conditions for any
reasons whatsoever, I understand that I will lose all rights as a
Registered Shopper and my access to my personalized eCosway website
shall be disabled. I understand that I will then not be eligible to
receive Value Points resulting from my purchases or the purchases
of the Shoppers whom I referred to eCosway. eCosway expressly reserves
the right to terminate this Registered Shopper Agreement by giving
thirty (30) days written notice in the event that it elects to: (1)
cease business operations; or (2) dissolve as a corporate entity;
or (3) terminate the Shopper Rewards Program.
- I understand that my Shopper ID and
Value Points will remain valid for six (6) consecutive calendar months
from the date of my last activity. If my account is inactive for 6
months and should I fail to respond within the specified time frame
to the email notification send by eCosway to my last known email address,
eCosway has the right to purge my account and terminate my status
as a Registered Shopper.
- eCosway shall not be responsible or
liable for delays or failures in performance of its obligations when
performance is made commercially impracticable due to circumstances
beyond its reasonable control. This includes without limitation, strikes,
labor difficulties, riot, war, fire, death, curtailment of a party's
source of supply, government decrees or orders, or the negligence
or intentional acts of persons not within the Company's control or
system failures.
- To the extent permitted by law, eCosway
shall not be liable for, and I release eCosway from, and waive all
claims for any direct, indirect, special or consequential damages
or any other loss incurred or suffered by me that is in any way related
to these Terms and Conditions or my participation in the Shopper Rewards
Program. I agree that the entire liability of eCosway for any claim
related in any way to the relationship between eCosway and myself
or my participation in the Shopper Rewards Program, including but
not limited to, any cause of action deriving in contract, tort or
equity shall not exceed, and shall be limited to, the amount of merchandise
that are in resaleable condition which I have purchased from eCosway
under these Terms and Conditions.
- I understand that it is my responsibility
to insure that my Registered Shopper information, including my mailing
address, email address and telephone numbers, is current and correct.
- I understand that eCosway shall immediately
terminate my participation as a Registered Shopper and bar my access
to my personalized eCosway website if it suspects that I have carried
out or otherwise connected with any spamming or have been transmitting
unsolicited bulk email. I acknowledge that I have reviewed and agreed
to abide by eCosway's Advertising & Anti-Spam Policy
which is incorporated by reference into and made part of these Terms
and Conditions.
- Any waiver by eCosway of any breach
of these Terms and Conditions must be in writing and signed by an
authorized representative of eCosway. Waiver by eCosway of any breach
of these Terms and Conditions shall not operate or be construed as
a waiver of any subsequent breach.
- In the event that a Term or Condition
is held to be invalid or unenforceable, such Term or Condition shall
be reformed only to the extent necessary to make it enforceable, and
the balance of the Terms and Conditions shall remain in full force
and effect.
- These Terms and Conditions will be
governed by and construed in accordance with the laws of Malaysia.
All disputes and claims relating to eCosway, the Shopping Terms and
Conditions, the eCosway Shopper Rewards Program or its merchandise,
the rights and obligations of a Registered Shopper and eCosway, or
any other claims or causes of action relating to the performance of
either a Registered Shopper or eCosway under these Terms and Conditions
shall be settled totally and finally by arbitration in Kuala Lumpur,
Malaysia, or such other location as eCosway prescribes, in accordance
with the Malaysian Arbitration Act 1952 and Rules for Arbitration
of the Kuala Lumpur Regional Centre for Arbitration. If a Registered
Shopper files a claim or counterclaim against eCosway, he or she shall
do so on an individual basis and not with any other Registered Shopper
or as part of a class action. The decision of the arbitrator shall
be final and binding on the parties and may, if need be, be reduced
to a judgment in any court of competent jurisdiction. Each party to
the arbitration shall be responsible for its own costs and expenses
of arbitration, including legal and filing fees. Each of the parties
shall be responsible for one-half of the total of: (1) the arbitrator's
or arbitrators' fees; and (2) the costs of arbitration. This agreement
to arbitrate shall survive any termination or expiration of the Shopping
Terms and Conditions.
- The parties consent to jurisdiction and venue before any national, federal, state, provincial, or territorial court in Malaysia for purposes of enforcing an award by an arbitrator or any other matter not subject to arbitration.
