Welcome to www.ipasaraya.com.my (the “Site” or “IPasaraya”). Please review the following Terms of Service (“Terms”) before using this Site or opening an IPasaraya account (“Account”).
Aretas Solutions Sdn Bhd (“Aretas”) [201801024702 (1286722-T)] is a private limited company incorporated and existing under the laws of Malaysia, with its business address at 33-01, 33rd Floor, Menara Keck Seng, 203, Jalan Bukit Bintang, 55100 Kuala Lumpur, the owner and operator of IPasaraya. IPasaraya is an online market place, registered under Aretas’ name, for Users to place, manage and fulfil Orders for the sale and purchase of service and/or item online via the Site (“Platform”). “Order” refers to confirmed shopping cart submitted by Buyer upon checkout from the Site.
Please take note that these Terms govern your use of the Site, mobile applications and services (collectively, the “Services”) provided or made available by IPasaraya.
The Services include the Site, the services provided by the Site, and all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, live streaming video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ( “Content”). Any new features added to or augmenting the Services are also subject to these Terms.
The Services include an online platform service that provides a place and opportunity for the sale of items between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and IPasaraya is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of items, and warranty of purchase. IPasaraya is not involved in the transaction between Users. IPasaraya may or may not pre-screen Users or the Content or information provided by Users. IPasaraya cannot ensure that Users will actually complete a transaction.
These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. These Terms are between you and IPasaraya or between you and any different service provider identified for a particular Service.
By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
3. Access & Use of the Services
You shall use the Services in accordance with these Terms and shall not:
You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with IPasaraya. You acknowledge that IPasaraya may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
IPasaraya reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
IPasaraya reserves the right to remove your listings, refuse to provide you access to the Site or Services or to allow you to open an Account for any reason. Violations of these Terms may result in a range of actions, including, criminal charges, civil actions, including without limitation a claim for damages and/or interim or injunctive relief.
If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, IPasaraya may terminate your Account immediately with or without notice.
If you believe a User on our Site is violating these Terms, please report the incident to [email protected].
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:
Comply with IPasaraya’s Terms and policies and all applicable laws with respect to your activities and the Content which you upload to the Services.
Unless expressly permitted by IPasaraya and subject to these Terms and any other additional terms as IPasaraya determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.
You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. IPasaraya has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services.
You agree that IPasaraya may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account, remove or discard from the Site any Content associated with your Account, withdraw any subsidies offered to you, cancel any transactions associated with your Account, temporarily withhold any sale proceeds or refunds, and/or take any other actions that IPasaraya deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected:
Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. Violation of any of IPasaraya’s Terms and polices will result in a range of actions as stated in Section 4.
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as a result of such Content is solely your responsibility.
You acknowledge that IPasaraya does not pre-screen Content uploaded by users. IPasaraya shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, IPasaraya shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
IPasaraya may also block Content and the delivery of a communication (including, without limitation, reviews, catalogs, and/or private messages) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
7. Buying and Selling
You acknowledge and agree that IPasaraya has no control over any website other than the IPasaraya website and shall not in any event be responsible or held liable for any expired item listing or promotion campaign which appears on any website other than the IPasaraya website or any expired item listing or promotion campaign which is retrieved by any search engine.
Any person who operates a business for the purpose of supply of service and/or item via the Site is required, under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 of Malaysia, to disclose, to the best of their knowledge and belief, the following information:
8. Seller’s Responsibilities
The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
Seller agrees that IPasaraya may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer pays will be the price that such adjustment is applied to.
For the purpose of promoting the sales of the items listed by Seller, IPasaraya may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites operated by IPasaraya.
Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.
Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and IPasaraya cannot provide any legal or tax advice in this regard.
Seller acknowledges and agrees that Seller’s violation of any of IPasaraya’s polices will result in a range of actions as stated in Section 4.
9. Prices and Payment
The order confirmation does not guarantee that Sellers will be able to deliver Buyer’s Orders. For some instances, items that Buyer ordered is NOT stated as out-of stock does not necessarily indicate that it is available during Checkout.
The price for service and/or item ordered, including delivery charges and other taxes (if applicable) (“Total Bill Amount”), will be displayed on the Site when Buyers complete the shopping cart checkout process for the Orders placed on the Site (“Checkout”). Payment for Orders can be made by online payment via credit or debit card or via current or savings account.
The Total Bill Amount shown in the Buyer’s shopping cart and summary of order email may be varied from the Buyer’s final bill upon delivery.
The difference between the Total Bill Amount and the final bill amount charged will be due to one or more of the following reasons:-
Should Buyers are not satisfied with the pricing differences of the Order, Buyers are entitled to reject the items upon delivery and may proceed to request for refund the rejected items via the Site. For the avoidance of doubt, all delivery charges will not be refunded.
When Buyers complete their Orders at shopping cart, payment for Orders will be charged during Checkout. Upon delivery, (i) if the final bill amount is higher than the Total Bill Amount paid during Checkout, Buyers are required to pay for the additional amount in the form of cash on delivery; (ii) and if the final bill amount is lower than the Total Bill Amount paid during Checkout, Buyers may submit refund request via the Site with proof of purchase provided by Seller upon delivery and the balance will be returned to Buyers via online bank transfer or via in-store credit upon approval by IPasaraya; and (iii) if the final bill amount is the same as the Total Bill Amount paid during Checkout, no additional charges or refunds will be processed.
Order confirmation and payment receipt will be emailed to Buyers upon completion of their Orders. Buyers may reach out to our customer service team at [email protected] for issuance of official tax invoice.
In using the Services, you agree to comply with all our promotion terms and conditions that may be published on our Site and any other social media platforms and/or various websites and landing pages. All offers, promotions and incentives are subject to our absolute discretion and may be modified and/or withdrawn at any time and without prior notice.
Discount code given are only applicable for current Order. The discount code will not be applicable if Buyers choose to cancel it for current Order. IPasaraya reserves the right to withdraw or cancel any discount code for any reason at any time and without prior notice. IPasaraya will not be held liable for any loss arising from the refusal, withdrawal, cancellation or inability to use discount code given by IPasaraya.
10. IPasaraya Safe Shopping
IPasaraya Safe Shopping is a service provided by IPasaraya or its authorised agent to protect online purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by IPasaraya or its authorised agent (“IPasaraya Safe Shopping Account”). Seller will not receive interest or other earnings from the sum Buyers have paid into IPasaraya Safe Shopping Account.
Upon Checkout, Buyers make payment for the Orders (“Payment Monies”), which will be held in IPasaraya Safe Shopping Account until:
(a) IPasaraya Safe Shopping Period (defined below) expires, in which case, unless Section 10(b) or Section 10(c) applies, IPasaraya will release Payment Monies after deducting Transaction fee and other taxes (if applicable) as stated in Section 11, in IPasaraya Safe Shopping Account to Seller;
(b) IPasaraya determines that Buyer’s request for a return of items and/or refund is successful and approved, in which case, unless Section 10(c) applies, IPasaraya will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy as stated in Section 14;
(c) such other time as IPasaraya reasonably determines that a distribution of Payment Monies after deducting Transaction fee and other taxes (if applicable) as stated in Section 11, is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms.
IPasaraya Safe Shopping is only offered to Buyers who have made payment through the online payment channels provided by IPasaraya into IPasaraya Safe Shopping Account. Any offline payment arrangements between Buyer and Seller will not be covered under IPasaraya Safe Shopping.
Payments made through IPasaraya channels will be held in the IPasaraya Safe Shopping Account for a specified period of time starting from Buyer’s payment confirmation date until two (2) Days after the Order has been delivered as updated by the Seller (“IPasaraya Safe Shopping Period”).
Should the Seller's bank account cannot be credited and/or the Seller cannot be contacted, IPasaraya will endeavour to contact the Seller using the contact details provided by him or her. In the event that the Seller cannot be contacted and the Payment Monies remain unclaimed, IPasaraya reserves the right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.
IPasaraya may require Seller or Buyer to provide his or her personal data such as identification card number, bank account details and/or any other documentation deemed necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller or Buyer hereby grants IPasaraya his or her consent to use or to provide to third party his or her personal data to facilitate his or her use of the Site. Seller or Buyer hereby grants IPasaraya his or her consent to use his or her personal data to make any inquires IPasaraya considers necessary to validate his or her identity with the appropriate entity such as his or her bank.
The IPasaraya Safe Shopping is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the IPasaraya Safe Shopping. IPasaraya Safe Shopping is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and IPasaraya accepts no liability in connection with the same. Without limitation, the IPasaraya Safe Shopping does not constitute a product warranty.
Buyer and Seller agree that IPasaraya’s decision (including any appeals) in respect of and relating to any issues concerning the IPasaraya Safe Shopping is final. For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by IPasaraya Safe Shopping.
11. Transaction Fees
Following the successful completion of an Order, IPasaraya shall deduct the Transaction Fee from the Buyer’s Total Bill Amount, and remit the balance to the Seller in accordance with Section 10. IPasaraya shall issue receipts or tax invoices for the Transaction Fee and other taxes (if applicable) paid by Seller upon request.
Should Buyer fails to accept delivery, during the time of delivery; or if shipping providers are unable to deliver at the selected delivery period due to Buyer’s failure to provide sufficient and/or appropriate instructions, then such service and/or item shall be deemed delivered to Buyer and all risk and responsibility in relation to such service and/or item shall pass to Buyer. In such cases, IPasaraya reserves the right to cancel the Order without any refund provided.
Neither IPasaraya, the shipping providers nor the Seller shall be held liable for any losses, liabilities, costs, damages charges or expenses arising out of:
13. Order Cancellation
IPasaraya may cancel Buyer’s Order if the product(s) is/ are not available for any reason. Buyer is entitled for refund at the price which you have paid during Checkout, subject to the period of time IPasaraya required to arrange such refund.
If Buyer wishes to cancel before Seller has processed the Order, Buyer must do so by informing or communicating with Seller or by contacting our customer service via phone call before 6 pm from the same day of order placement (“Grace Period”). If Buyer’s Order has not been shipped, it will be cancelled and payment made will be refunded in the form of store credit. Any request for order cancellation made after the Grace Period will not be entertained. Once our shipping partners have shipped out Buyer’s Order, for technical reasons, Buyer isnot allowed to proceed order cancellation process and cancel the Order.
14. Return and Refund Policy
IPasaraya seeks for your understanding and acceptance of any superficial or slight damage which might occur during the process of handling or delivery of Perishable Items. Buyers are advised to check, inspect and examine the items upon delivery. Buyers are entitled to reject items that Buyers deem unacceptable at the time of delivery. The total price of such rejected items will be deducted from the Total Bill Amount upon approval from IPasaraya, net of discount.
Buyers may reject Perishable Items and Semi Perishable Items (such as fish, vegetables, dairy products, fruits, bread, etc) at the time of delivery; and Non Perishable Items (such as dry goods, canned products, etc) – at the time of delivery or within two (2) days from the date the shipment was delivered. All Perishable Items and Semi Perishable Items are neither returnable nor refundable upon acceptance of items.
Should Buyers are not satisfied with the items delivered, IPasaraya will not redeliver the items free of charge. Buyers are advised to place a separate order that includes your desired items.
After the acceptance of item, should Buyer finds Non Perishable Items that are deemed unacceptable, Buyers may submit refund request via the Site with reason and necessary proof of documents within two (2) days from the date the shipment was delivered. Any request for refund made after two (2) days shall be invalid and shall not be processed by IPasaraya.
Neither IPasaraya, the shipping providers nor the Seller are liable for any damage done or product deterioration due to any poor handling or poor storage after items received.
Subject to IPasaraya’s sole discretion, refund requests will only be processed upon our review and successful verification of proof and/or collection of the item(s) from Buyer by IPasaraya. Refund request status will be updated via the Site. Buyers are required to submit the refund request with the details below:
If the refund request is approved, shipping partners or Sellers shall notify Buyer the date and time to collect the rejected items from Buyer without any charges. The refund will only be processed after the rejected items have successfully been collected. Buyer may receive a refund via online bank transfer or in the form of discount code or store credit for his or her next purchase. All refunds for orders will be processed net of discount.
15. Payment Services
All payment processing services for payment methods made available on the Site will be undertaken and facilitated by the Payment Service Providers (as defined below), and subject to or governed by their respective Additional Terms (as defined below).
16. Payment Service Providers
In order to provide the Payment Services, you acknowledge that IPasaraya may integrate the services provided by certain third party service providers, subcontractors, partners and/or agents who are registered with, approved or licensed by Central Bank of Malaysia (“Payment Service Providers”) into the Site and that Payment Service Providers shall provide its payment processing services subject to their respect Additional Terms (as defined below). In order to use the Payment Services, you agree to comply with such Additional Terms (as defined below), as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms (as defined below).
(“SenangPay”) to process payments and to manage the account information you have provided to us.
By providing the account information for a credit or debit card, you represent and warrant, that: (i) you are legally authorised to provide such information to IPasaraya; (ii) you are legally authorised to perform payments from the account(s) you have provided to IPasaraya; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Site, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
By using a particular payment method, you are agreeing to the terms of service of the relevant Payment Service Providers and your financial institution. You will bear all fees that may be charged by such Payment Service Providers and/or your financial institution (if any) for the selected payment method.
You agree to authorise IPasaraya and/or its related corporations to provide or give instructions on your behalf to the relevant Payment Service Providers for processing of the Payment Services including but not limited to making, accepting and/or refunding any payments.
17. Additional Terms
If you use any of the Payment Services, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms including the terms and conditions set out in the SenangPay terms of agreement (available at: https://senangpay.my/terms-of-agreement/), which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.
18. Third Party Contributions to the Services and External Links
In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by IPasaraya. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. IPasaraya has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.
By using the Services, you agree that IPasaraya shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that IPasaraya may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
19. Personal Data
You hereby give your consent to IPasaraya to:
In addition, your personal data may be transferred to any company within the IPasaraya which may involve sending your data to a location outside Malaysia. For the purpose of updating or correcting such data, you may at any time apply to the IPasaraya to have access to your personal data which are stored by IPasaraya.
For the avoidance of doubt, Personal Data includes all data defined within the Personal Data Protection Act 2010 including all data you had disclosed to IPasaraya in the Site.
21. Limitation of Liability
IPasaraya excludes all implied warranties, terms and conditions to the extent that is legally permitted. We shall not be liable for any loss of money, goodwill, reputation, indirect or consequential loss arising out of your use of our Site and our Services.
All service and/or item description, services and material posted on the Site or from a linked site is provided to you “as is” without warranty or conditions of any kind, express or implied or otherwise howsoever arising. IPasaraya assumes no responsibility for any error, inaccuracies or omissions whatsoever in the information on the Site and under no circumstances will the Company be liable for any loss or damage by your reliance on the information obtained through the Site. It shall be your own responsibility to evaluate the accuracy, completeness and usefulness of any information and the use of the Site is solely at your own risk.
Items image as seen on the Site may slightly differ from the actual items that you receive. IPasaraya shall not be liable to you for any loss, damage, injury or expense, howsoever arising, out of or in connection with the use of the items.
You shall indemnify Aretas, its directors, officers, employees, agents and affiliates, Sellers, from any and all third party claims, liability, damages and/or cost (including but not limited to legal fees) arising from your use of this Site or breach of this Terms and/or Agreement.
23. Applicable Law
24. International Use
If you breach these Terms and the Site ignores this, IPasaraya will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms. IPasaraya shall not be responsible for any breach of these Terms caused by circumstances beyond its control.
If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at [email protected]
Last updated on 9th June 2020