Terms & Conditions (Part 1)

Terms & Conditions

General Rules

Purpose

­Terms & Conditions (this "Agreement") is to set out rights and obligations and other necessary matters between trading products or services with each other, rights and obligations and other responsible matters between the Members and the Company (as defined below), the procedures for the use of the service by the Members, etc., in connection with the use of the e-commerce related services (the "Services") provided by Gen X Lifestyle (http://www.genxlifestyle.com.my/; hereinafter "Gen X") operated Gen X Lifestyle Sdn. Bhd. (the "Company").

Definition

The following terms shall have the following respective meanings:

1.       “Gen X (www.genxlifestyle.com.my)” means the website existing for the real time e-commerce system and its operation which is provided by the Company for transaction of goods and services (the “Products”).

2.       “User” means Members or Guests, regardless is an Affiliate or not, who are granted the Services provided by the Company in accordance with this Agreement.

3.       "Member" means any individual or business who has registered himself/herself/itself as member according to registration process established by the Company and who is provided the information on the Company on a consistent basis and is able to use the Services provided by the Company. The Members consist of the General Members and Affiliates as follows:

a.       “General Member (Purchasing Customers)” means any member who is entitled to use the Service provided by Gen X for the purchase of the Products and other purchases. “Buyer Member”: Anyone of the age of 18 years old or above is eligible to register as a Member for the sole purpose of purchasing (including foreigners residing in Malaysia). If you are under 18 years old, you may use this Website only with authorization from a parent or legal guardian.

b.      “Affiliates (Purchase and Sale Customers)” means any Member who is not only entitled to purchase the Products and use the related Services in Gen X and but also use the Service described in the Distributor Agreement.

4.       “Guest” means any person who uses the Services provided by the Company without having registered themselves as the Member.

5.       "ID" means alphabets, numbers or certain combination of alphabets and numbers selected by the Member and registered by the Company for the identification of the Member.

6.       "Password" means any combination of alphabets and numbers selected by the Member and registered to the Company for the purpose of confirming the identity of the Member and protecting confidential information.

7.       "Operator" means any person selected by the Company for the purpose of carrying out smooth operation and overall management of the Services provided by the Company.

8.       "Buyer" means any User who purchases the Products with the Company. The right to purchase is granted to both the General Members, Affiliates and Guests.

9.       "Affiliates" means any Member who has registered as a User of the Products with the Company using the form of the Products advertisement provided by the Company for the purpose of selling the Products to other Users, which right is granted to the Affiliates.

10.   "Cash" means any refunds made in cash by the Company following the cancellation made by the Member for the purchase whose payment was made over cell phone, etc. at Gen X, when the refund cannot be made by using the same means of payment used for the purchase of the relevant goods due to the nature of such means of payment.

11.   "Business Day" means any day during which the Services are normally provided by the Company, which excludes Saturdays, Sundays and any public holidays in Selangor.

12.   "Secure Transaction Center" means an organization established in order to mediate various problems which may arise in connection with the transaction security while using the Services.

Any terms used herein but not otherwise defined in Definition shall be interpreted in accordance with the standard practices of transaction.

 

Scope

 

1.       In this Agreement, General Rules and Miscellaneous shall apply to all Services.

2.       In the event there is a conflict between the provisions of General Rules and Miscellaneous on the one hand and Services Of Affiliates, Payment Services, which are individual Services, on the other hand, the individual Services related provisions (Service Of Affiliates, Payment Service) shall prevail over the overall Services related provisions (General Rules, Miscellaneous).

 

Specification and Amendment Of This Agreement

 

1.       The Company shall post the defined Agreement on the first page of its Internet site (http://www.genxlifestyle.com.my/), where the Company's Services are provided, in order to inform the Users of such Agreement.

  1. The Company is entitled to amend this Agreement when there are reasonable reasons, so long as such amendment does not violate the related laws. In the event this Agreement is amended, the Company shall notify of such amendment (including the effective date of such amendment and the reason for amendment) through its Service site 15 days prior to the effective date of such amendment; provided, however, in the case of any amendment disadvantageous to the Users, such shall be notified through its Service site 30 days prior to the effective date and shall be also individually notified by way of sending email, etc. to the Users (if it is difficult to provide such separate notification due to the User's failure to provide the contact information, change of the contact information, etc. and such amendment has been notified in accordance with this Agreement, such notice shall be deemed to have been separately made).

3.       Agreeing to this Agreement shall mean agreeing to confirm any changes made to this Agreement by regularly visiting the Internet site operated by the Company. The Company shall not be responsible for any damages suffered or sustained by any Members or Users in connection with their failure to learn the information on the amended Agreement.

4.       In the event any Member does not agree to the amended Agreement, such Member may request to withdraw from the membership (termination of the User agreement). In the event the Company has notified or announced pursuant to Specification and Amendment Of This Agreement Clause 2 of this Agreement that the Agreement will be amended and that the User shall be deemed to have consented to such amendment if the User fails to express its refusal to accept the amendment by the effective date of such amendment, the User shall be deemed to have consented to the amendment, if the User fails to explicitly express its refusal to accept the amendment.

 

Additional Regulations

1.       Any and all matters not stipulated in this Agreement shall be determined in accordance with the general commercial practice and the related regulations such as the Act on Consumer Protection in Electronic Commerce, Etc.

2.       The Company, whenever necessary, may notify of the matters applicable to specific Services (the "Individual Agreement") by posting them on Gen X, etc.

3.       The Company, whenever necessary, may determine and notify of the detailed matters relating to the use of the Services (the "Use Policy") by posting them on Gen X, etc.

  1. Any changes made to the Terms and Conditions or the Privacy Policy shall be notified by the Company prior to the effective date of such changes.

5.       Each Member shall monitor at all times whether there have been any changes made to the Individual Agreements or the Use Policy and shall confirm any notifications made in respect of any changes.

 

Products Affiliation And Marketing

1.          The Affiliate is fully responsible for the representation of the products. The Affiliates warrant that:

a.       The Affiliate is a registered customer in Gen X and an Affiliate customer in Gen X.

b.      The Affiliate has the right to represent the products throughout Malaysia.

c.       The Affiliate conforms to all applicable laws and regulations in Malaysia.

d.      No misleading in explanation of the products by the Affiliate.

2.       Without limiting the foregoing, you may not market the products with force illegally, based on law context in Malaysia, whether it is with intention or not, to potential customers or Users.

Order Limitations

1.       Company reserves the right to reject any product(s) order you place with us, and / or to quantities on any order without giving any reason. If we reject your order, we will attempt to notify you using the email address you gave us when you placed the order.

  1. Company may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Company also reserves the right to reject any order you placed. These restrictions includes all and any product(s) orders placed by the same Gen X site account, the same credit card, and orders that use the same billing and/or shipping address. In the event Company makes a change to an order, Company will attempt to notify you by contacting the email and/or billing address provided at the time the order was made.

 

Establishment Of The User Agreement

1.       The user agreement in respect of the Services provided by the Company (the "User agreement") is established when the Company provides its consent to the application filed by any person, who wishes to use the Services. The application is made when any person, who wishes to use the Services, fills in each required item in the membership application form provided by the Company online and expresses his or her intent to consent to this Agreement.

  1. The applicant shall be deemed to have become the Member as of the date on which the Company's consent to such person becoming Member is posted on the relevant Service page or such consent has been received by the applicant by email or any other means determined by the Company.

3.       Any individual of the age of 18 or more is entitled to apply for the membership. Any corporate which is able to engage in normal business activities as of the date of the application, is entitled to apply for the membership.

4.       In principle, one (1) membership ID shall be given to one (1) person (on the basis of the email authentication for which personal identity has been confirmed; in case of corporate, on the basis of each corporate number and business enterprise registration number) provided.

5.       In the event the Member signs up again for the membership following the expiration (including termination) of the User agreement, in principle, the ID, which was last used, cannot be used and the new ID shall be used.

Change And Protection Of Personal Information

1.       Anyone who wishes to become a Member and use the Services contemplated hereby shall be required to go through the application process.

2.       In the event there is any change to the matter the Member recorded at the time he or she applied for the use of the Services, such Member shall immediately update the information provided, however, information such as name, ID, which is impossible to be changed, cannot be changed.

3.       The Member shall be responsible for any damages occurring from the non-updated information, for which the Company shall not be responsible in any way whatsoever.

4.       The Company shall not use any information of the User for purposes other than to provide the Services, nor shall it provide such information to any third party without the consent of the User, with the following exceptions:

a.       To provide to delivery company or etc. the minimum information relating to the User (name, address, contact information) that are necessary for transaction, delivery, etc.

b.      When the use of the personal information of the User and the provision of such information to a third party are permitted under the laws and regulations.

c.       When such information is required to execute the purchase and sale and for return, exchange, cancellation, etc., following the completion of the purchase and sale provided, however, the Company is entitled to provide the contact information of the counterparty only to the relevant parties who participated in the purchase and sale.

  1. The Company shall strive to protect the personal information of User, which includes the information on User, in accordance with the related regulations. The Company shall establish the policy of the protection of the personal information of the User, select the person in charge of the protection of the personal information and post this information.

6.       Any matter related to the protection of personal information of the User shall be handled in accordance with the related law, regulation and the personal information protection policy determined by the Company.

7.       In the event any transaction is achieved through the Services provided by Gen X, the Company shall provide to the relevant parties the personal information of the User which is necessary in connection with the transaction of the products.

8.       We may share your personal information with:

a.       Third-party service providers under contract who help with our business operations: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, investigating frauds and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

    1. Third parties giving promotional offers: Sometimes we send offers to selected groups our users on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust communication preferences in 11street.
    2. Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
    3. Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, postal code, telephone number, email address, User ID history, IP address, fraud complaints, and purchasing and listing history;

e.      Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

 

Privacy

1.       Company does not sell or rent member personal information to third parties for their marketing purposes without member's explicit consent. Company uses the information only as described in our Privacy Policy.

  1. Company views protection of member's privacy as a very important community principle. Company stores and processes the information on computers that are protected by physical as well as technological security devices.

3.       Member can access and modify the information provided and choose not to receive certain communications by signing-in to your account. For a complete description of how the Company uses and protects your personal information, see our Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

4.       For the avoidance of doubt, If Company has reasonable grounds to believe that any User is in breach of any of the terms of this Agreement, Company reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing.

5.       Further, Company may disclose the User's identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Company is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Company shall not be liable for damages or results arising from such disclosure, and the member(s) agrees not to bring action or claim against Company for such disclosure.

  1. You may withdraw your consent to our collection of your personal data and/or information at any time by notifying us or call our customer service. In that event, we will not be able to identify you and provide you with a safe, smooth, efficient and customized experience while using our site. Although you can browse through most of our sites without giving any information about yourself, in some cases, personal information is required in order to provide the Services you request.

7.       When a user withdraws from the membership, Gen X shall keep in custody the name, identification registration number (or foreigner registration number), password, e-mail or information necessary for a period of two (2) years.

 

Application For The Use Of Services

1.       Any person who wishes to join and use the Services provided by the Company shall provide the required information in the membership application form provided by the Company. There are mandatory items and optional items that are to be filled in by the Member at the time he or she signs up for the membership, and all mandatory items must be filled in. The type of items to be provided in the form of application for joining the membership varies depending on whether the applicant is individual or corporate.

2.       Any Individual Buyer Member and/or Individual Seller Member shall fill in the mandatory items. If there is no information filled for those mandatory fields marked, your application will not be processed.

3.       At the time when the Member applies for the membership, the Company is entitled to request other information in addition to the mandatory items indicated in Application For The Use Of Services Clause 1 and 2, for which request the applicant has the right to reject. Any additional information so obtained must be only used for purposes of providing various and useful information to the Members and cannot be used for any other purposes by the Company.