Terms of Services

ecommerceweb.com (ECW) is located in TTDI Plaza, Taman Tun Dr. Ismail, Kuala Lumpur, Malaysia. ECW provides an e-commerce solution under the brand E

commerceweb that enables you to build an online store (“Store”) through which you may sell your products and services.

By signing up for Ecommerceweb Services, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto (“Terms of Service”). IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT PROCEED WITH SIGNING UP.

Eligibility

•Ecommerceweb Services are available only to and may only be used by individuals who can form legally binding contracts under the applicable law of the jurisdiction in which they reside. Without limiting the foregoing, ECW services are not available to persons under the age of EIGHTEEN (18) YEARS.

•These Terms of Service are binding on you, the user, and such person, company or other business entity (“principal” or “employer”) you represent. If you are registering on behalf of your principal or employer, you represent and warrant that you have the authority to bind them to these Terms of Service. Unless the context requires otherwise, all references to “you” or “your” include references to your principal or employer.

•Ecommerceweb uses many techniques to verify the accuracy of information provided when registering for Ecommerceweb Services and reserves the right to terminate the provision Ecommerceweb Services to you if it believes for any reason that such information may be incorrect.

Features and Services

•Ecommerceweb Services’ features (excluding payment gateway services and third party plug-ins) are listed on the Ecommerceweb official website and are available according to the package you sign up for. For full details, please refer to our webpage at https://ecommerceweb.com/pricing

•Ecommerceweb will inform you by email of important information such as service outages, updates, modifications or new developments to Ecommerceweb Services and any changes to these Terms of Service.

Ecommerceweb services may within THIRTY (30) DAYS’ notice to you:

•Modify or discontinue any or all aspects of the Ecommerceweb Services or restrict your use of Ecommerceweb Services in whole or in part for any reason at our convenience; or

•Change our pricing or these Terms of Service.

If you find any change unacceptable, you may cancel your account (please see Section 6 below on the cancellation of accounts). Your continued use of Ecommerceweb Services after the coming into force of the change (expiry of the notice) constitutes your continued acceptance of the Terms of Service as amended.

•Ecommerceweb Services maintains a strict no refund policy and does not provide refunds.

Customer Content and Intellectual Property Rights

•Ecommerceweb Services does not claim any intellectual property rights over your information or material submitted to Ecommerceweb Services and you retain ownership over and responsibility for your Store’s content.

•However, you agree to grant Ecommerceweb Services the non-exclusive right and licence to use your Store’s name, trademarks and content on our Ecommerceweb services website or in printed or online advertisements or other publications describing Ecommerceweb Services.

•Also, you represent and warrant that you have all necessary rights to display and distribute your Store’s content whether as author or having possession of the requisite distribution rights, licenses or permission to use from the relevant owner(s).

•“Ecommerceweb” and its logos are trademarks of ECW Services and the compilation, collection, selection, arrangement, assembly and coordination of all content available on the Ecommerceweb Services website are the exclusive copyright of Ecommerceweb Services.

•You acknowledge that these Terms of Service does not grant you any title or proprietary right or interest over Ecommerceweb Services’ software and technology, and any other e-commerce solutions or services provided by Ecommerceweb Services. You shall not perform or attempt to perform any of the following actions:

•Subleasing or otherwise offering for access any of the Ecommerceweb Services to any third parties;

•Reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of Ecommerceweb Services’ software and technology; or

•Deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner).

User Restrictions and Indemnity

You shall not use Ecommerceweb Services in any manner that, as determined by Ecommerceweb Services in its reasonable discretion, whether actual or potential:

• Involves false, inaccurate or misleading advertisement, is fraudulent or involves the sale of counterfeit or stolen goods;

• Infringes or misappropriates any person’s copyright, patent, trademark, trade secret or other proprietary rights;

• Violates any law, statute, ordinance, regulation, governmental guideline or policy in your jurisdiction or in Malaysia

• Displays content that is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person or otherwise infringes the requirements of the Content Code published by the Malaysian Communications and Multimedia Commission. Without limiting the foregoing, this shall include content that:

• Is defamatory, trade libellous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities

• Display material containing pornography of any kind or any that exploits children under age of eighteen (18) years; or

• Displays content advocating, promoting or otherwise encouraging violence against any governments, organizations, groups or individuals or cruelty towards animal or that provides instruction/information or assistance in carrying out the same;

• Accesses illegally or without authorisation any computers, servers, accounts or networks of Ecommerceweb Services or any other ECW users, or attempts to hack into Ecommerceweb Services security systems, having Ecommerceweb Services host or distribute any internet viruses or other harmful code, pinging, flooding, mail bombing or denial-of-service attacks, or disrupting others from effectively using Ecommerceweb Services;

• Involves the transmission of unsolicited commercial or bulk email (spamming) whether from or to Ecommerceweb servers;

• Participates in any activities relating to pyramid or ‘Ponzi’ schemes;

• Is harmful to Ecommerceweb servers (including without limitation overloading the Ecommerceweb Services’ servers or other technical infrastructure);

• Involves activities in the nature of gambling, sweepstakes, raffles or lotteries; or

• Otherwise creates liability for Ecommerceweb Services or its affiliates or contractors or exposes them to undue risk or otherwise is harmful to the Ecommerceweb operations, reputation, or goodwill.

• Where your intended use of Ecommerceweb Services require any licence, consent, authorisation, permission or approval from any government, governmental, supranational or trade agencies, courts or other regulatory body (“Licence(s)”), you agree not to operate such business via Ecommerceweb without having first obtained the appropriate Licence(s).

• You agree that your use of Ecommerceweb Services including information transmitted to or stored at Ecommerceweb servers are governed by our privacy policy.

• You agree to indemnify and hold Ecommerceweb Services, its suppliers, advertising and promotional partners, and service providers including their respective officers, directors, agents, and employees harmless from any and all losses, costs (including reasonably legal costs and expense), liabilities or other expenses incurred or arising from:

• Your breach of any provision of these Terms of Service (including without limitation, from any infringement or misappropriation of any person’s copyright, patent, trademark, trade secret or other proprietary rights); and

• Your use of Ecommerceweb Services (including without limitation, from any of your Store’s content or any claims arising from the sale goods or services on your Store).

Privacy Policy

•Ecommerceweb Services values your privacy. You agree with and accept all the terms and conditions of our privacy policy.

• For your information, Ecommerceweb Services employs Secure Socket Layers (SSL) to protect all your personal information. Ecommerceweb Services uses designated processors to handle all credit card payments and does not store any credit card information in any format or record.

Cancellation of Your Account

You may cancel your account at any time by emailing us at support@webdesign.company

Upon cancellation, Ecommerceweb Services may delete any data file associated with your use of the Ecommerceweb Services.

Site Content Modification and Termination of Service

•Ecommerceweb Services may make changes to your Store to rectify the infringing content if you breach any of the provisions of these Terms of Service and:

• You fail to remedy it within the time period set out in our email notification to you; or

• You fail to conform to the instructions in our notification to our absolute satisfaction.

• You agree that Ecommerceweb Services shall not be liable for any damage, foreseeable or unforeseeable, direct or indirect, that may result from the changes made to your Store

•Ecommerceweb Services reserves the right to discontinue your use of any or all aspects of Ecommerceweb Services without prior notice if we have determined in our reasonable discretion that:

• You have breached any provision in our Terms of Service (including without limitation, if we receive information that your use of Ecommerceweb Services is in violation of any third party’s intellectual property or other proprietary rights); or

• It is necessary for security reasons or for the proper continuance of the operations of Ecommerceweb Services;

• You are not using Ecommerceweb Services for a legitimate business purpose.

• If at any time Ecommerceweb Services is unable to charge your credit card (e.g. your credit card information provided has expired) or if you otherwise fail to make any payment due to us, and fail to remedy the same within FORTEEN (14) DAYS’ from our notice, we may discontinue your use of any or all aspects of Ecommerceweb Services.

• In the event Ecommerceweb Services discontinues your use of Ecommerceweb Services entirely for reasons

• You agrees not to re-register for or otherwise obtain access to Ecommerceweb Services without our written approval; and

•Ecommerceweb Services reserves the right to delete your account (including any data file associated with your use of the Ecommerceweb Services).

Disclaimer of Warranties

Ecommerceweb provides Ecommerceweb Services on an “as is” basis and, to the widest extent permitted by law, expressly disclaims any and all implied or statutory warranties, including the warranties of reasonable care and skill, merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. Without limiting the foregoing Ecommerceweb Services gives no warranty:

• That the Ecommerceweb and its other software or services will be error-free or uninterrupted;

• Regarding uptime, use, data security, accuracy and reliability of Ecommerceweb Services;

• That our security procedures will prevent the loss of, alteration of, or improper access to your information;

• In relation to any third party offerings or products available via Ecommerceweb Services;

• In relation to the availability of external sites or resources (normally provided in Ecommerceweb Services), or for any of its content, advertising, products or other materials.

Ecommerceweb Services provides domain name registration and renewal services only as a value added service to an active Ecommerceweb user. It is your responsibility to ensure that your domain(s) are renewed on time. Ecommerceweb Services does not guarantee successful renewal of domain(s) once the domain goes into the domain redemption period.

You acknowledge and agree that this is a reasonable and an essential element of these Terms of Service and that in its absence, the economic terms of these Terms of Service would be substantially different.

Limitation of Liability

To the widest extent permitted by law, Ecommerceweb Services (including its directors, officers, employees and agents) shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential or other damages arising out of or in connection with your use of Ecommerceweb Services (however arising, whether as a result of your contractual relationship with Ecommerceweb Services or negligence).

Notice

Any notices in connection with Ecommerceweb Services or these Terms of Service will be sent by Ecommerceweb Services to your email provided to us during registration. The notice will be deemed to have been received on the day it is sent out from our electronic mail server.

Assignment

You may not assign, transfer or delegate your account or any rights or obligations under these Terms of Service.

Governing Law

These Terms of Service shall be governed by and construed according to the laws of Malaysia.

Force Majeure

Ecommerceweb services’s delay in or non-performance of any duties or obligations under these Terms of Services will not be considered a breach of these Terms of Services if such delay or non-performance is caused by a labour disputes, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond our control.

Miscellaneous

These Terms of Services does not create any relation of agency, partnership, joint venture, employee-employer or franchiser-franchisee between you and Ecommerceweb Services.

These Terms of Service, our Privacy Policy and our terms and conditions represent the complete agreement between you and Ecommerceweb Services, and supersedes all prior agreements and representations.

If any provision of these Terms of Services is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. In particular, and without limitation to the foregoing, any provision that potentially violates the provisions of the Consumer Protection Act 1999 (in particular Part IIIA – “Unfair Contract Terms”) shall be read to include the qualifying phrase “to the widest extent permitted by law”.

No failure or delay on the part of Ecommerceweb Services to exercise any right or remedy under these Terms of Service shall operate as a waiver thereof.