Terms And Conditions
1. Introduction
1.1 Welcome to the MyCraftShoppe website (the “Website”).
1.2 When you use the services provided by PERBADANAN KEMAJUAN KRAFTANGAN MALAYSIA and its affiliates and subsidiaries (individually and collectively “Kraftangan Malaysia” “we” or “us” or “our”) (the “Services”), you are agreeing to our terms and conditions as set out herein. For the avoidance of doubt, the Services as hereinbefore mentioned shall be the relevant services and/or matters limited as contained and/or provided by us in https://www.mycraftshoppe.com/
1.3 PLEASE READ THIS AGREEMENT CAREFULLY. By using the Website and by your use of the Services, you agree to be bound by the terms and conditions set out in this Agreement in full. If you disagree to these terms and conditions herein, whole or in part, please discontinue using, surfing, browsing, relying, acting and/or in any manner utilising any of the Services contained including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references in the Website and/or related to the Services (the “Information”). Please also be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
1.4 We may suspend, restrict access and/or terminate your account to use the Service and/or the Website at any time, with or without notice and/or reasons, including but not limited to conduct that is in breach of this Agreement, for conduct that we believe is harmful to us, the Website, the industry and/or to any other party, complaints, non-deliverables, fraud, misrepresentation and/or other conduct that we deem unsuitable, harmful and/or detrimental in any manner whatsoever. Additionally, you hereby agree that prior to such action be taken against you, we at our absolute discretion may, but is not mandatory, issue a notice as show cause for your reasonable justification prior to us taking any action against you.
1.5 We reserve the right at any time, with or without cause and notice, change or modify the terms and conditions of this Agreement. Such changes or modifications shall be made effective for all account holders and/or users of the Services provided in the Website upon posting of the modified Agreement to this web address (URL): https://www.mycraftshoppe.com. You as the Service User shall be responsible to read this document from time to time to ensure that your use of the Services remains in compliance with this Agreement. For the avoidance of doubt, any reference to Service User as hereinafter appearing shall include ordinary Service User and Seller.
1.6 We reserve the right at any time, with or without cause, to change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website.
1.7 These terms and conditions herein contained shall be deemed to include our Privacy Policy, particular terms and conditions for Seller and additional policies, if any (collectively “this Agreement”). We may assign or change any part or parts of our rights under this Agreement without your consent or prior notification. This Agreement shall constitute a legally-binding agreement between us and you.
2. Function and Purpose
2.1 You acknowledge that the Website shall function as an online platform for the Service User to connect with other Service User for the following purposes:
- providing platform for the Service User for the sale of goods between the buyer (the “Buyer”) and the seller (the “Seller”) (collectively “you”, “Service User” or “Parties”). We accept no obligations nor liabilities in relation to the actual contract for sale directly between the Buyer and the Seller. The Parties shall be entirely responsible for the actual contract for sale including but not limited to the listing of goods and warranty of purchase (unless we indicate otherwise).
- providing any other ancillary or related services related to the transaction and/or the Services between the Service Users and may be expanded from time to time.
2.2 For the avoidance of doubt, we are not nor shall not in any manner be deemed as the Service User hence, is not responsible to account for any transaction and/or be responsible in any manner pertaining to the transaction between the Service Users save for providing the required platform of engagement. By using the Services, you acknowledge and agree that all engagement, communication and/or transaction made or to be made shall be at your own absolute risks and that we are hereby be absolved from any liability in any manner whatsoever in full.
2.3 In benefitting the Services offered by us, you understand, acknowledges, confirm and undertake that you shall at all times comply with any other relevant laws regulating the transaction and/or engagement provided vide the Services and that we are hereby be absolved from any liability in any manner whatsoever in full.
3. Copyright Notice
3.1 Copyright (c) Kraftangan Malaysia.
3.2 Subject to the express provisions of these terms and conditions as follows:
- we and our licensors, own and control all the copyright and other intellectual property rights in our Website and the material on our Website; and
- all copyright and other intellectual property rights in our Website and the material on our Website are reserved.
3.3 For more details, please review our Copyright Notice, which also governs your use of our Services to understand our practices.
4. Permitted Use of Services and Information
4.1 We are pleased to grant you, as the Service User of this Website, a non-exclusive, non- transferable, revocable, limited license to access and use this Website in accordance with the terms and conditions of this Agreement and any other specific terms and conditions that may be posted from time to time subject always to the payment of subscription fees which shall be made in our favour based on the processes as contained in the Website. In view thereof, you may:
- use the Website according to its functions and purpose as provided under Clause 2 hereinbefore and/or subject to the terms and conditions hereinafter appearing;
- view pages in our Website in a web browser;
- use our Website and the Services therein by mean of a web browser; and
- use any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including but not limited to the Information.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, no Information or any other materials or property from the Website may be copied, reproduced, displayed, republished, downloaded, posted, digitised, translated, modified, transmitted, distributed or commercially exploited in any way.
4.3 You may only use our Website for your own personal purpose or for the internal use of your employer, if applicable and it is not for commercial exploitation (eg. by reselling to others or by republication to the public any Information or part thereof including the use of the Services in any manner whatsoever). You must not use our Website for any other purposes.
4.4 Unless you retain all trademark, copyright, and other proprietary notices contained in the original materials, you must not:
- reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party; and
- you agree that you will take all reasonable steps to prevent any unauthorised reproduction and/or other use of the Information.
4.5 Notwithstanding Section 4.4, you may redistribute our newsletter in print and electronic form to any person.
4.6 We reserve the right to restrict access, wholly or in part of our Website at our sole and absolute discretion without assigning any reasons whatsoever. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
5. Acceptable Use Policy
5.1 You agree not to use the Information, Services and/or the Website to take any actions that would cause the following:
- actions which are contrary to MyCraftShoppe Malaysia public image, goodwill or reputation;
- infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
- violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- libellous, vulgar, offensive, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
- remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
- sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
- clone any part of the Website without our prior written authorisation;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- interfere with or disrupt any services or equipment, including but not limited to the Services with the intent of causing an excessive or disproportionate load on the infrastructure of Kraftangan.com or its licensors or suppliers;
- involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
- execute any form of network monitoring or run a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website's servers or any data not intended for you; and/or
- harvest or collect information about any Website visitors or members without their express consent.
5.2 Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or attract civil or criminal liabilities against you which We shall at all times be indemnified in full by you and/or where required, at our absolute discretion to seek legal recourse against you.
5.3 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
5.4 You shall not in any event whatsoever use data collected from our Website to contact individuals, companies or other persons or entities.
6. Accounts and Passwords
6.1 You may stay anonymous while browsing our Website. However, access to certain functionalities of the Website will require you to register with and/or provide certain information to the Website.
6.2 You may register an account with us by completing and submitting the account registration form on our website. Certain personal information such as your name, email address etc will be requested by us for identification process. Such collection and/or the processing of your personal data shall be done in accordance with the provisions under the Personal Data Protection Act 2010 of Malaysia.
6.3 You are solely responsible for safeguarding your password and to all activities that occurs in your account. All losses or damages incurred therefore shall be borne by you.
6.4 You shall never use other person’s account without permission to access the Website or do any acts pertaining to the transaction using the Services in the Website including but not limited to offering and/or requesting the transaction vide the Services available therein save and except permitted expressly by the said account holder.
6.5 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.6 If we have reason(s) to believe there is likely to be a breach of security or misuse of the account, we may require you to change your password.
6.7 If you are under the age of eighteen (18), you may use our Services only with involvement of a parent or guardian.
7. Cancellation and suspension of account
7.1 We may at any time at our sole discretion without notice, explanation and/or reasons:
- suspend your account;
- cancel your account; and/or;
- edit your account details.;
8. Your Content – Usage, Prohibitions, Representations and Restricted Items
8.1 “Your Content” herein contained means all works and materials (including but not limited to all information, linked pages, features, data, design, items, drawings, plans, schedules, music, sounds, illustration, messages, tags, programming, materials, specifications, measurements, sizing, text, graphics, images, audio material, video material, audio-visual material, scripts, software and/or files) that you submit to us or our Website for storage or publication on, processing by, or transmission via our Website.
8.2 You represent and warrant that you have all right, title and interest in relation to Your Content, including but not limited to any consent, and authorisation from any third party necessary for you to upload or submit Your Content to the Website. By uploading or submitting the said Your Content, you further agree to give us a non-exclusive, royalty-free, perpetual, worldwide, transferable and sub-licensable licence to use, remove, share, disseminate, host, store, reproduce, modify, edit, alter, amend, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content for any purposes that we deem fit without any prior approval and/or consent, written or otherwise, from you and/or any third party in any manner whatsoever. In any event Your Content shall not:
- infringe any intellectual property rights or otherwise constitute breach of any agreement with any person or entity;
- defame, be libellous, contain any vulgar and/or offensive materials, unlawfully threaten, harass or otherwise contain subject matters that are objectionable;
- be in breach of racial or religious hatred or discrimination legislation;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;;
- be irrelevant for the purposes of the Services offered on the Website;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation; and/or
- otherwise breach any law, statute or regulation;
9. Third Party Linking
9.1 Our Website may include hyperlinks to other websites and online resources. Your use of third-party websites and resources is at your own risk and that we shall not in any event whatsoever provide any guarantee and/or be liable on the safety of usage of the said third party websites.
9.2 We are not responsible for and do not endorse such external sites or resources. We have no control over third party websites and their contents and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. Trademarks – Copyright Notice
10.1 Our logos and our other registered and unregistered trademarks or service marks on our Website belong to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
10.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, We do not endorse and are not affiliated with any of the holders of any such rights and as such We cannot grant any licence to exercise such rights.
10.3 For more details, please review our Trademarks Notice, which also governs your use of our Services to understand our practices.
11. Payment and Taxes
11.1 We have made available the following payment methods for the Buyer to make payment for the purchase of goods from Kraftangan.com:
- Credit Card: Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. Please note that additional charges may
be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates; - Debit Card: We accept all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
- 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 our account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. We, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time
11.2 Buyer may not claim against Seller or any of its agents (which may include us), for any failure, disruption or error in connection with the Buyer’s chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
11.3 All refunds shall be made via our virtual payment account ("MyCraftShoppe Payment Account"). We offer no guarantee of any nature for the timeliness of the refunds reaching the MyCraftShoppe Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us. All refunds are conditional upon our acceptance of a valid return of the Goods. We reserve the right to modify the mechanism of processing refunds at any time without notice.
11.4 All payments for the purchased goods must be made to www.mycraftshoppe.com using the payment methods made available on the Platform only. We shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.
11.5 We act solely as an online platform in providing the Services vide the Website for Service Users to connect with each other for the purposes of transacting to respectively receive and provide the relevant products, goods and/or services. For all intent and purposes, we shall not be regarded as Service User and therefore, is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided between the Service Users save and except our own taxes as required by any relevant authority. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations pertaining to any transaction transacted vide the use of Services.