1. INTRODUCTION
1.1 The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by YIC PRIVATE LIMITED 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 YIC PRIVATE LIMITED.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (âBuyerâ) and the seller (âSellerâ) (collectively âyouâ, âUsersâ or âPartiesâ). The actual contract for sale is directly between Buyer and Seller and YIC PRIVATE LIMITED 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 transactions will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. YIC PRIVATE LIMITED is not involved in the transaction between Users. YIC PRIVATE LIMITED may or may not pre-screen Users or the Content or information provided by Users. YIC PRIVATE LIMITED reserves the right to remove any Content or information posted by you on the Site in accordance with Section 6.4 herein. YIC PRIVATE LIMITED 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 YIC PRIVATE LIMITED 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. YIC PRIVATE LIMITED 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. YIC PRIVATE LIMITED 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 YIC PRIVATE LIMITED 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 YIC PRIVATE LIMITED 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 âLEGAL AGEâ), 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 YIC PRIVATE LIMITED. To better protect your rights, we have provided the YIC PRIVATE LIMITEDâs Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how YIC PRIVATE LIMITED collects and uses the information associated with your Account and/or your use of the Services (the âUser Informationâ). By using the Services or providing information on the Site, you:
(i) consent to YIC PRIVATE LIMITED's 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 YIC PRIVATE LIMITED; 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 YIC PRIVATE LIMITEDâs prior written consent.
2.2 Users in possession of another Userâs personal data through the use of the Services (the âReceiving Partyâ) 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 âDisclosing Partyâ) to remove his or her data so collected from the Receiving Partyâs database; and (iii) allow the Disclosing Party to review what information has 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.
(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 Treasuryâs Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majestyâs Treasury;
(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(z) infringe the rights of YIC PRIVATE LIMITED , 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.
(cc) direct or encourage another user to conduct a transaction other than on the Site.
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 YIC PRIVATE LIMITED , 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 YIC PRIVATE LIMITED 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 YIC PRIVATE LIMITED 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 any liability to you. Without limiting the foregoing, YIC PRIVATE LIMITED and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request 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 YIC PRIVATE LIMITED or submitted to YIC PRIVATE LIMITED , including, without limitation, information in YIC PRIVATE LIMITED Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that YIC PRIVATE LIMITED may access, preserve and disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over YIC PRIVATE LIMITED 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 or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of YIC PRIVATE LIMITED , 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:
7.2 If you believe a User on our Site is violating these Terms of Service, please contact help@support.YIC PRIVATE LIMITED .com.my.
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 As stated above, YIC PRIVATE LIMITED does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (âYIC PRIVATE LIMITED Ownerâ).
8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with YIC PRIVATE LIMITED in any way and YIC PRIVATE LIMITED is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
8.3 If you are an YIC PRIVATE LIMITED Owner or an agent duly authorised by an YIC PRIVATE LIMITED Owner (âYIC PRIVATE LIMITED Agentâ) and you believe that your right or your principalâs right has been infringed, please notify us by submitting the Intellectual Property Right (IPR) form and provide us the documents requested below to support your claim. Do allow us time to process the information provided. YIC PRIVATE LIMITED will respond to your complaint as soon as practicable.
8.4 Complaints under this Section 8 must be provided in the form prescribed by YIC PRIVATE LIMITED , which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an YIC PRIVATE LIMITED Owner or IPR Agent (collectively, âInformantâ); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) a description of the nature of alleged infringement with sufficient details to enable YIC PRIVATE LIMITED to assess the complaint (d) URL(s) of the listing(s) which contain the alleged infringement; (e) sufficient information to allow YIC PRIVATE LIMITED to contact the Informant, such as Informantâs physical address, telephone number and e-mail address; (f) 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 YIC PRIVATE LIMITED Owner or the law; (g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant and that the Informant has the appropriate right or is authorised to act on the YIC PRIVATE LIMITED Ownerâs behalf in all matters relating to the complaint.
8.5 YIC PRIVATE LIMITED acknowledges a manufacturerâs right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the sellers, YIC PRIVATE LIMITED does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution.
8.6 Each and every Seller agrees to hold YIC PRIVATE LIMITED and its Affiliates harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content or product listings pursuant to or in relation to any intellectual property infringement claim.
9. PURCHASE AND PAYMENT
9.1 YIC PRIVATE LIMITED supports one or more of the following payment methods in each country it operates in:
(i) 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.
(ii) Cash on Delivery (COD)
YIC PRIVATE LIMITED provides COD services in selected countries. Buyers may pay cash directly to the deliver agent upon their receipt of the purchased item.
(iii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (âBank Transferâ) to our designated YIC PRIVATE LIMITED Guarantee Account (as defined in Section 12). Buyer must provide YIC PRIVATE LIMITED with the transfer receipt or payment transaction reference for verification purposes through the âUpload Receiptâ function found in YIC PRIVATE LIMITED âs app as payment confirmation. If payment confirmation is not received by YIC PRIVATE LIMITED within three (3) days, Buyerâs order will be cancelled.
9.2 You agree to pay the applicable fees and charges for products purchased through the Site as per the prices listed for the relevant Service, including delivery charges and applicable taxes. We may revise the pricing from time to time. These changes are reflected in the "Review Orderâ section before the final purchase transaction is completed.
9.3 Unless otherwise expressly stated, all fees and charges are quoted in the local currency of the country in which the Buyer is located and are due and payable immediately upon order confirmation.
9.4 You are responsible for providing accurate and complete billing information, including your name, address, credit card information or other payment details. You must promptly notify us of any changes to your billing information or payment method.
9.5 If YIC PRIVATE LIMITED does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by YIC PRIVATE LIMITED .
9.6 You are responsible for all taxes, fees, and duties associated with the purchase of products through the Site, whether local, provincial, state, or national taxes.
9.7 YIC PRIVATE LIMITED may place restrictions on the number of transactions, types of payments, or types of products purchased by any User for purposes of fraud prevention, risk management, and compliance with applicable law.