2. USE OF THE PLATFORM AND/OR SERVICES
2.2 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. Social Media Handler 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.
2.3 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.
2.4 We reserve the right, but shall not be obliged to:
(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.
3. TRADEMARKS AND COPYRIGHTS
3.1 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, 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. 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.
3.2 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 retain all copyright and other proprietary notices contained in the Materials.
4. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY
4.1 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 Social Media Handler 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.
4.2 Without limiting the foregoing, Social Media Handler 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.
4.3 Social Media Handler 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.
4.4 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.
TERMS AND CONDITIONS OF SALE
1.1 In these conditions
"Buyer" means the person who purchases Services on the Platform;
"Conditions" mean these Terms and Conditions of Sale;
"Services" means the services made available for sale on the Platform;
"Social Media Handler" means SM Marketing Hub (Company No.: SA0548782-T), a company incorporated in Malaysia;
"Social Media Handler 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 socialmediahandler.com website;
"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 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 Where the Buyer has placed an order on the Platform for the purchase of Services sold by Social Media Handler and Social Media Handler has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Social Media Handler.
2.2. Any information made available on the Platform in connection with the supply of Services, including data about the extent of the delivery, appearance, performance, operating costs or any information disclosed 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.
2.3 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Social Media Handler in its website shall be subject to correction without any liability on the part of Social Media Handler.
3. ORDERS AND SPECIFICATIONS
3.1 The Buyer may purchase Services 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 Social Media Handler’s acceptance in their sole discretion and each order accepted shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Social Media Handler shall be entitled (but not obliged) to process such orders without further consent from the Buyer.
3.2 No cancellation of order will be entertained by Social Media Handler, it's at the discretion of Buyer to provide accurate details and/or information upon order. Social Media Handler will not be held responsibility for any inaccurate details and/or information provided by Buyer.
3.3 Social Media Handler 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 delivery.
3.4 No concluded Contract may be modified or cancelled by the Buyer, the Buyer shall indemnify Social Media Handler 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 Social Media Handler as a result of the modification or cancellation, as the case may be.
4.1 The price of the Services 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 Social Media Handler in addition to the price.
5. TERMS OF PAYMENT
5.1 The terms and conditions applicable to each type of payment, as prescribed by Social Media Handler on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
5.1.1 Credit Cards
Credit card payment option is available for all Buyers. Social Media Handler 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 of the additional charges incurred as stated for Buyer using credit cards.
5.1.2 Debit Cards
Social Media Handler accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
5.1.3 Online Banking
By choosing this payment method, the Buyer shall transfer the amount as credit top-up in order to purchase any Services to Social Media Handler account (including any applicable taxes and fees). The transaction must be payable in Ringgit Malaysia. Social Media Handler, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
6.1 Any dates quoted for delivery of the Services are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Social Media Handler shall not be liable for any delay in delivery or performance howsoever caused.
6.2 Buyers are not allowed to cancel any Services after order is made, Buyers are fully responsible for all the cost arising from the order made.
7. REFUND AND REPLACEMENT OF SERVICES
7.1 No refund in monetary will be entertained in the event Buyers wish to discontinue the Services at Social Media Handler. Buyers are advised to use up all the credit balance in Buyers' account.
7.2 In the event the Services ordered by Buyers are cancelled by the Platform, the refund will be in credit balance credited to your account.
7.3 Social Media Handler reserves the right to constitute/replace any services cancelled by the Platform with another services with the same value of credit.
8.1 In no event shall Social Media Handler 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 Social Media Handler had been advised by the Buyer of the possibility of incurring the same.
9.1 Neither Social Media Handler nor Platform 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 Social Media Handler's reasonable control.
9.2 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.
9.3 No waiver by Social Media Handler 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, Social Media Handler’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.
9.4 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.
9.5 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 3.4 of these Conditions.
9.6 Social Media Handler may, through the Platform or by such other method of notification as Social Media Handler may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Social Media Handler 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.
9.7 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Social Media Handler’s part shall be subject to correction without any liability on Social Media Handler’s part.
9.8 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.
9.9 Social Media Handler 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 Social Media Handler deems appropriate.