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PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Last Revised: 2022-03-02 

1. OVERVIEW

This Terms of Service Agreement (“Agreement”) is entered into by and between Barang Express Sdn. Bhd., registered address 181A 1st Floor Jalan Medan Batu Caves 1 Taman Medan Batu Caves 68100 Batu Caves Selangor, Malaysia (“Company”), reg.number: 202101018449 (1418749­X) and you, and is made effective as of the date of your use of this website https://barang.store (“Site”) or the date of electronic acceptance.

This Agreement sets forth the general terms and conditions of your use of the https://barang.store as well as the products and/or services purchased or accessed through this Site (the “Services”).Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement our Privacy policy. The terms “we”, “us” or “our” shall refer to Company. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, uses our Site, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.

2. ELIGIBILITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the Malaysia or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this Agreement.

3. RULES OF USER CONDUCT

By using this Site You acknowledge and agree that:

• Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

You will not use this Site in a manner that:

• Is illegal, or promotes or encourages illegal activity;
• Promotes, encourages or engages in child pornography or the exploitation of children;
• Promotes, encourages or engages in terrorism, violence against people, animals, or property;
• Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
• Infringes on the intellectual property rights of another User or any other person or entity;
• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
• Interferes with the operation of this Site;
• Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the functionality of any software or hardware.

You will not:

• copy or distribute in any medium any part of this Site, except where expressly authorized by Company,
• modify or alter any part of this Site or any of its related technologies,
• access Companies Content (as defined below) or User Content through any technology or means other than through this Site itself.

4. INTELLECTUAL PROPERTY

In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to Site. Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Companies Content”), are owned by or licensed to Barang Express Sdn. Bhd. in perpetuity, and are subject to copyright, trademark, and/or patent protection.

Companies Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.

5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

7. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

8. DATA TRANSFER

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

9. AVAILABILITY OF WEBSITE

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.

You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

10. DISCONTINUED SERVICES

Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by Company. In such case, Company will either offer a comparable Service for you to migrate to or a refund. Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

11. FEES AND PAYMENTS

You acknowledge and agree that your payment will be charged and processed by Barang Express Sdn. Bhd..

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.

Company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.

Refund Policy: for products and services eligible for a refund, you may request a full refund within days of purchase (“Refund Period”). The refund will be processed in days from the request. In no event will you be eligible for more than one refund of the same service.

12. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

13. COMPLIANCE WITH LOCAL LAWS

Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.

14. GOVERNING LAW

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Malaysia, to the exclusion of conflict of law rules.

15. DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Malaysia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

16. OUR COMMISSION, PAYMENTS TO VENDORS, OBLIGATIONS OF VENDORS

Barang Express Sdn. Bhd. serves as a secure place for payments by the customers for the Products offered by vendors via website;
The customers when purchasing the Products make payment for such Products through Barang Express Sdn. Bhd. automated payment system only in order to be sure that their funds are secure and will be refunded to the customers if the vendors do not deliver the purchased Products to the customers;
The funds paid are kept on Barang Express Sdn. Bhd. bank accounts until the vendor confirms that the Product purchased by the customer is delivered to the customer and the customer does not have any objections regarding the quality of the Product;

If the vendor does not notify us that it has delivered the Product to the customer within the term indicated in the description of the Product or if the customer notifies us that the Product has not been delivered within the same term, we may provide the vendor with a reasonable time to deliver the Product and confirm such delivery to us. If the vendor does not notify us within the given period of time that the Product has been delivered to the customer, we have the right to refund the money paid for the Product to the customer and the vendor hereby acknowledges and confirms that such refund shall not be challenged by the vendor;
We will pay the vendors within 10-60 working days of confirmed delivery of the Products to the customers;

If the customer notifies us that the delivered Product is of unsatisfactory quality, the cancelation and refund policies shall be applied.
Joining Barang Express Sdn. Bhd. as vendors and posting the Products for sale is free. We do retain proportion/commission of each sale. Such commissions are set by Barang Express Sdn. Bhd. and are made available for the vendors on a regular basis either through Barang Express Sdn. Bhd., or through personal correspondence with the vendors, or by any other means of communication at the discretion of Barang Express Sdn. Bhd.
The vendors hereby acknowledge and agree that the applicable commissions may change at any time and confirm that the vendors are solely responsible to check the commissions applicable at any given moment of time.

The Products are offered to the customers at the price indicated by the vendors, subject to these Terms and Conditions and also the other requirements we set out on Barang Express Sdn. Bhd. Website from time to time.
Our fees and commissions are payable on demand and may not exceed 50 percent of the cost of each specific product. The vendors irrevocably authorise us to deduct them from sums paid to us by the customer.
Barang Express Sdn. Bhd. website selling system is an automated system.
If an action by the customer results in a charge back to our account, the vendor agrees that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to such vendors, at or after that time.
If the vendor or we accept any cancellation and consequently refund money to the customer, we are not obliged to repay commission to the vendors.
If in our discretion we believe that the vendors’ performance as a seller results in a significant number of charges back and / or customer disputes or if we believe any vendor is in breach of these Terms and Conditions, we are free to hold back payments to such vendors until we are satisfied that disputes have been settled and/ or breach rectified. In these cases, we are also free to terminate legal relationships with the vendors.

The vendors hereby agree that they shall:
-try their best to reply to the customer within 3 business days to any refund claims or disputes; if no response is received within 3 business days, Barang Express Sdn. Bhd. will have to step in to find a solution;
-comply with any applicable consumer protection laws and regulations, relating in particular to the vendors’ obligations to provide full information and accept cancellations and refunds;
-when the vendors has an obligation to return money to the customer for any reason as envisage by the applicable legislation, such vendors shall do so if the funds have already been transferred to the vendors by Barang Express Sdn. Bhd. or shall not try to hinder Barang Express Sdn. Bhd. from refunding the funds to the customer if they have not yet been transferred to the vendors; the vendors hereby acknowledge and agree that Barang Express Sdn. Bhd. decision on the return of the funds to the customer shall be final;
– the vendors shall provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud;
– on its own take inventory, count services and determine the amount to be paid by the customer;
– demand payments based on written requests.

17. TITLES AND HEADINGS

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

18. SEVERABILITY

Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

19. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Barang Express Sdn. Bhd.

181A 1st Floor Jalan Medan Batu Caves 1 Taman Medan Batu Caves 68100 Batu Caves Selangor

Malaysia

order@barang.store