Term & Condition

 

1. INTRODUCTION

1.1     Welcome to the MuslimBrands platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a MuslimBrands account ("Account") so that you are aware of your legal rights and obligations with respect to MuslimBrands and its affiliates and subsidiaries (individually and collectively, "MuslimBrands", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by MuslimBrands client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), 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 of Service. These Terms of Service govern your use of Services provided by MuslimBrands.

1.2      The Services include an online platform service that provides a place and opportunity for the sale of goods 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 MuslimBrands 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 goods, warranty of purchase and the like. MuslimBrands is not involved in the transaction between Users. MuslimBrands may or may not pre-screen Users or the Content or information provided by Users. MuslimBrands reserves the right to remove any Content or information posted by you on the Site. MuslimBrands cannot ensure that Users will actually complete a transaction.

1.3    Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4      MuslimBrands reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. MuslimBrands may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. MuslimBrands may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5        MuslimBrands reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING MUSLIMBRANDS SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

 

2. PRIVACY

2.1     Your privacy is very important to us at MuslimBrands. To better protect your rights we have provided the Muslimbrands Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how MuslimBrands collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:

(i) consent to MuslimBrands collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and MuslimBrands; and

(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without MuslimBrands prior written consent.

2.2     Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

 

3. LIMITED LICENSE

3.1     MuslimBrands grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of MuslimBrands and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2    You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with MuslimBrands. You acknowledge that MuslimBrands may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

 

4. SOFTWARE

Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. MuslimBrands reserves all rights to the software not expressly granted by MuslimBrands hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by MuslimBrands.

 

5. ACCOUNTS AND SECURITY

5.1    Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that MuslimBrands, in its sole discretion, finds offensive or inappropriate, MuslimBrands has the right to suspend or terminate your Account. 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. MuslimBrands 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. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2     You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify MuslimBrands of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. MuslimBrands will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3     You agree that MuslimBrands 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 and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that MuslimBrands deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or (g) behaviour that is harmful to other Users, third parties, or the business interests of MuslimBrands. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, MuslimBrands may terminate your Account immediately with or without notice.

5.4    Users may terminate their Account if they notify MuslimBrands in writing (including via email at salam@muslimbrands.com.my) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact MuslimBrands after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. MuslimBrands shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by MuslimBrands.

5.5        You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

 

6. TERM OF USE

 6.1        The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, MuslimBrands may effect such termination with or without notice to you.

6.2        You agree not to:

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;

(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way

(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(f) remove any proprietary notices from the Site;

(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of MuslimBrands;

(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

(k) access the MuslimBrands platform, open a user account, or otherwise access your user account using an emulator, simulator, bot, or other similar hardware or software;

(l) manipulate the price of any item or interfere with other User's listings;

(m) take any action that may undermine the feedback or ratings systems;

(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by MuslimBrands with respect to the Services and/or data transmitted, processed or stored by MuslimBrands;

(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships   (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;

(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;

(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;

(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;

(z) infringe the rights of MuslimBrands, including any intellectual property rights and any passing off of the same thereof;

(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

6.3     You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Muslimbrands, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will MuslimBrands be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site

6.4     You acknowledge that MuslimBrands and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, MuslimBrands and its designees shall have the right to remove any Content

(i) that violates these Terms of Service;

(ii) if we receive a complaint from another User;

(iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or

(iv) if such Content is otherwise objectionable.

We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by MuslimBrands or submitted to MuslimBrands, including, without limitation, information in MuslimBrands.

6.5     You acknowledge, consent to and agree that MuslimBrands may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over MuslimBrands or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce these Terms of Service;

(c) respond to claims that any Content violates the rights of third parties;

(d) respond to your requests for customer service; or

(e) protect the rights, property or personal safety of MuslimBrands, its Users and/or the public.

 

 7. VIOLATION OF OUR TERMS OF SERVICE

7.1        Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

- Listing deletion

- Limits placed on Account privileges

- Account suspension and subsequent termination

- Criminal charges

- Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2        If you believe a User on our Site is violating these Terms of Service, please contact salam@muslimbrands.com.my.

 

8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1     The Users are independent individuals or businesses and they are not associated with MuslimBrands in any way. MuslimBrands is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.

8.2     If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to salam@muslimbrands.com.my and copy salam@muslimbrands.com.my and provide us the documents requested below to support your claim. Do allow us time to process the information provided. MuslimBrands will respond to your complaint as soon as practicable.

8.3    Complaints under this Section 8 must be provided in the form prescribed by MuslimBrands, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow MuslimBrands to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint.

 

9. PURCHASE AND PAYMENT

 9.1        MuslimBrands supports one or more of the following payment methods in each country it operates in:

(i)           Credit Card & Debit 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. The 2.5% i the charge on every credit or debit card transaction. For example, if the transaction is RM100, 2.5% from this RM100, which is equivalent to RM2.50.

(ii)          Cash on Delivery (Temporary disabled)

MuslimBrands provides COD services in selected countries. Buyers may pay cash directly to the deliver agent upon their receipt of the purchased item.

(iii)         Online Banking

Buyer may make payments through an internet banking such as Maybank2u and CimbClicks.

9.2        Buyer may only change their preferred mode of payment for their purchase prior to making payment.

9.3      MuslimBrands takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

9.4     At the moment, MuslimBrands is only able to make payment to Users via bank transfer. Hence, Users are required to provide MuslimBrands with his/her banking details in order to receive payments i.e. from the sale of item or refund from MuslimBrands.

 

10. MuslimBrands WALLET (Coming Soon)

10.1   MuslimBrands Wallet is a service provided by MuslimBrands or its authorised agent to facilitate the storage of money you receive from your sales proceeds and refunds for purchases made via bank transfer, cash payment or your MuslimBrands Wallet. The sum of this money, minus any withdrawals, will be reflected as your MuslimBrands Wallet balance.

10.2  You may transfer funds from your MuslimBrands Wallet (up to the amount of your MuslimBrands Wallet balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. MuslimBrands may also automatically transfer funds from your MuslimBrands Wallet to your Linked Account on a regular basis, as determined by MuslimBrands. MuslimBrands shall only process such transfers on business days and such transfers may take up to two business days to be credited to your Linked Account.

10.3   Each User is entitled to a maximum number of three (3) free Withdrawal Requests per week. MuslimBrands may impose a fee of RM0.10 for each additional Withdrawal Request made in excess of such maximum number in a given week (“Withdrawal Fee”). The maximum number of free Withdrawal Requests each User is entitled to and the amount of Withdrawal Fees charged are subject to change at MuslimBrands discretion.

10.4     Money from your sale of items on MuslimBrands shall be credited to your MuslimBrands Wallet within three (3) days after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item. Money from refunds of items on MuslimBrands shall be credited to your MuslimBrands Wallet within one (1) day of the return or refund request being approved.

10.5     Once submitted, you may not modify or cancel a Withdrawal Request.

10.6   If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us (“Alternative Account”) or to deduct the debit and applicable fees from your Muslimbrands Wallet balance in the future. If we are unable to credit your Alternative Account, for any reason, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.

10.7     You authorize us to initiate debit or credit entries to your MuslimBrands Wallet:

(i) to correct any errors in the processing of any transaction;

(ii) where MuslimBrands has determined that you have engaged in fraudulent or suspicious activity and/or transactions;

(iii) in connection with any lost, damaged or incorrect items;

(iv) in connection with any rewards or rebates;

(v) in connection with any uncharged fees;

(vi) in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;

(vii) in connection with any banned items or items that are detained by customs;

(viii) in connection with any change of mind agreed to by both Buyer and Seller; and

(ix) to purchase Advertising Credits where you have activated the Advertising Credits Top Up Feature and your Advertising Credits have fallen below your Advertising Credits Minimum Amount.

 

11. MUSLIMBRANDS GUARANTEE

 11.1   MuslimBrands Guarantee is a service provided by MuslimBrands or its authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by MuslimBrands or its authorised agent (“MuslimBrands Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into MuslimBrands Guarantee Account.

11.2     After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in MuslimBrands Guarantee Account until:

(a)      Buyer sends confirmation to MuslimBrands that Buyer has received his/her goods, in which case, unless 11.2(d) applies, MuslimBrands will release Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in MuslimBrands Guarantee Account to Seller;

(b)     MuslimBrands Guarantee Period (or any approved extension under 11.3) expires, in which case, unless 11.2(c) or 11.2(d) applies, MuslimBrands will release Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in MuslimBrands Guarantee Account to Seller;

(c)     MuslimBrands determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 11.2(d) applies, MuslimBrands will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;

(d)     such other time as MuslimBrands reasonably determines that a distribution of Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.

MuslimBrands Guarantee is only offered to Buyers who have made payment through the channels provided by MuslimBrands into MuslimBrands Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under MuslimBrands Guarantee.

11.3    Payments made through MuslimBrands channels will be held in the MuslimBrands Guarantee Account for a specified period of time (the “MuslimBrands Guarantee Period”). To find out more about the MuslimBrands Guarantee Period, please click this link. Buyer may apply for a one-time extension of MuslimBrands Guarantee Period prior to the expiry of the applicable MuslimBrands Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, MuslimBrands Guarantee Period may be extended for a maximum period of three (3) days unless MuslimBrands in its sole discretion determines that a longer extension is appropriate or required.

11.4    If, for any reason, the Seller's bank account cannot be credited and/or the Seller cannot be contacted, MuslimBrands will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted and the Buyer’s Purchase Monies remain unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.

11.5    Seller/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. MuslimBrands may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller/Buyer hereby grants MuslimBrands his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, Seller/Buyer authorises MuslimBrands to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank. For more information in relation to how MuslimBrands handles your personal information, please visit our Privacy Policy page.

11.6   The MuslimBrands Guarantee 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 MuslimBrands Guarantee. The MuslimBrands Guarantee 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 MuslimBrands accepts no liability in connection with the same. Without limitation, the MuslimBrands Guarantee does not constitute a product warranty.

11.7    Buyer and Seller acknowledge and agree that MuslimBrands decision (including any appeals) in respect of and relating to any issues concerning the MuslimBrands Guarantee is final.

11.8     For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by MuslimBrands Guarantee.

 

14. DELIVERY

14.1     MuslimBrands will inform Seller when MuslimBrands receives Buyer’s Purchase Monies. Unless otherwise agreed with MuslimBrands, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.

14.2   Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, the MuslimBrands Guarantee Period or the time period specified (for offline payment) by Seller on Seller’s listing.

14.3    Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that MuslimBrands will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.

14.4   For Cross-Border Transaction. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Seller based outside of Malaysia, and  the importation and exportation of such product is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that MuslimBrands cannot provide any legal advice in this regard and agrees that MuslimBrands shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.

 

16. SELLER’S RESPONSIBILITIES

16.1     Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.

16.2     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.

16.3     Seller agrees that MuslimBrands 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 will pay actually will be the price that such adjustment is applied to.

16.4     For the purpose of promoting the sales of the items listed by Seller, MuslimBrands may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by MuslimBrands.

16.5     Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.

16.6    Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and MuslimBrands cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.        

16.7     Seller acknowledge and agrees that Seller’s violation of any of MuslimBrands polices will result in a range of actions as stated in Section 7.1.

16.8    Purchase and sale of alcohol are prohibited in MuslimBrands platform.

 

17. PROHIBITED PRODUCT

17.1     Non halal product (Food, Drink and Groceries).

17.2     Product that use non syariah image/model for advertising.

17.3     Product with no Halal certificate by JAKIM and made by non-muslim (Food, Drink and Groceries).

 

 19. TRANSACTION FEES

19.1    MuslimBrands charges a fee for all successful transactions completed via bank transfer, credit card or MuslimBrands Wallet on the Site (“Payment Fee”). The Payment Fee is borne by the Seller, and is calculated at RM2 or 5% (for individual sellers) & 8% (for enterprises with SSM/BRN registered) of the Buyer’s Purchase Monies.  The payment will be made within 7 days after purchase was completed.

19.2    For Sellers located outside of Malaysia, MuslimBrands charges a fee for all successful transactions completed via bank transfer, credit card or MuslimBrands Wallet on the Site (“Cross Border Fee”). The Cross Border Fee is borne by the Seller, and is calculated according to the rates as notified to such Sellers from time to time on the Site.

19.3    Following the successful completion of a transaction, MuslimBrands shall deduct the Payment Fee and the Tax Amount, and the Cross Border Fee (as applicable) from the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance with Section 11.2. MuslimBrands shall issue receipts or tax invoices for the Payment Fee and Tax Amount paid by Seller on request.

 

 20. EBAZAR

20.1    MuslimBrands charges a service fee for all successful transactions completed via bank transfer, credit card or MuslimBrands Wallet on the Site (“Payment Fee”). The Payment Fee is borne by the Seller, and is calculated at 5% of the Buyer’s Purchase Monies.  The payment will be made within 1 to 7 days after purchase was completed.

 

21. FEEDBACK

21.1   MuslimBrands welcomes information and feedback from our Users which will enable MuslimBrands to improve the quality of service provided. Please refer to our feedback procedure below for further information:

(i) Feedback may be made in writing through email to or using the feedback form found on the App.

(ii) Anonymous feedback will not be accepted.

(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

(iv) Vague and defamatory feedback will not be entertained.

 

22. DISCLAIMERS

22.1   THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MUSLIMBRANDS OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSLIMBRANDS DOES NOT WARRANT THAT THE SERVICES, THIS SITE 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 SITE 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.

22.2  YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

22.3   MUSLIMBRANDS HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE MUSLIMBRANDS AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

 

23. EXCLUSIONS AND LIMITATIONS OF LIABILITY

23.1    YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

23.2     NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY MUSLIMBRANDS’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF MUSLIMBRANDS THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

 

24. LINKS TO THIRD PARTY SITES

Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of MuslimBrands in any manner whatsoever and you therefore access them at your own risk. MuslimBrands is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. MuslimBrands is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by MuslimBrands of any linked site and/or any of its content therein.

 

28. FRAUDULENT OR SUSPICIOUS ACTIVITY

       If MuslimBrands, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect MuslimBrands other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

(b) We may suspend your eligibility for MuslimBrands Guarantee;

(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to MuslimBrands;

(d) We may refuse to provide the Services to you now and in the future;

(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to MuslimBrands or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

 

29. INDEMNITY

      You agree to indemnify, defend and hold harmless MuslimBrands, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, an employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where MuslimBrands or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the MuslimBrands Guarantee, (c)the hosting, operation, management and/or administration of the Services by or on behalf of MuslimBrands, (d) your violation or breach of any term of these Terms of Service or any policy guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.

 

32. GENERAL PROVISIONS

32.1     MuslimBrands reserves all rights not expressly granted herein.

32.2     MuslimBrands may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

32.3     You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

32.4     Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and MuslimBrands, nor does it authorise you to incur any costs or liabilities on MuslimBrands behalf.

32.5     The failure of MuslimBrands at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

32.6    These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for MuslimBrands affiliates and subsidiaries (and each of MuslimBrands and its affiliates' and subsidiaries' respective successors and assigns).

32.7    The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

32.8     You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

32.9     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: salam@muslimbrands.com.my