Terms & Conditions (Part 2)

Approval, Rejection, Deferring Of The Application

1.       In principle, the Company shall approve the use of the Company's Services only when all required information set forth in Article 8 of this Agreement has been accurately filled in and the identification of the applicant, who has consented to be bound by this Agreement, has been confirmed by undertaking the personal identity confirmation procedures.

2.       The company may refuse to approve the application in any of the following cases:

a.       The applicant is less than eighteen (18) years old.

    1. It has been confirmed in the personal identity confirmation proceeding undertaken by the Company that the applicant is not the person who is filing the application.

c.       There is any false or omitted information or typos in the application or the registration materials.

d.      The Member, against whom certain measures have been undertaken by the Company such as disqualification, unilaterally terminates the User agreement and subsequently reapplies for the use of the Services during the period in which such measures undertaken against the Member remain effective.

e.      It has been confirmed that the application has been filed in breach of this Agreement or that such application is unlawful or otherwise wrongful.

f.        Any person who is subject to the terms of the purchase/sale user agreement of Gen X is in breach of the relevant agreement.

3.       The Company may defer the application in any of the following cases. In that event, the Company shall post on the relevant Services page or notify by email the reason for deferring the application, possible date of approval, any additional information or materials that are required for the approval and any other information related to the deferring of the application.

a.       There is lack of facilities.

b.      There are technological problems.

c.       The Company is unable to confirm personal identity through personal identity confirmation proceeding undertaken by the Company.

d.      The Company has reasonably decided that the deferring of the application is necessary.

 

Expiration Of Member Agreement

1.       Any Member may terminate the User agreement as follows:

a.       Any Member may terminate the User Agreement at any time by notifying the Company of its intent to terminate. However, that prior to making such notification, all Product transactions that are in process must be completed, withdrawn or canceled, and any negative consequences arising from such withdrawal or cancellation shall be borne by the Member. In addition, the Company shall be entitled to restrict the Member's ability to terminate the User Agreement, in the event the Member's use of the Services has been suspended due to his or her breach of this Agreement, related laws and regulations, etc. in order to prevent such breach from occurring again, or until the Member has discharged all of its obligations if the Member has not discharged all of its obligations against the Company.

b.      Any negative consequences arising from the withdrawal from the membership shall be borne by the withdrawing Member. Once the User agreement is terminated, the Company may collect various incidental benefits provided to the Member.

c.       To reuse the Services, the Member must notify the Company of its intent to reuse in accordance with the membership application procedures set forth in this Agreement and the related provisions and obtain the approval of the Company.

2.       The Company may terminate the User Agreement in any of the following cases.

a.       The Company may terminate the User agreement in the event any of the following has occurred or has been confirmed in respect of the relevant Member:

                                                               i.      Any acts of compromising legitimate interests of other Members or the Company (including its employees and consultants) or causing violation of the Malaysian laws and regulations or good public orders and morals.

                                                             ii.      Engaging or attempting to engage in any of the following activities to interrupt, or that are likely to interrupt, the smooth processing of the Service:

1.       Raising any claims in a constant and malicious manner without any reasonable grounds.

2.       Constantly cancelling or returning the Products or services that are not particularly defective after using such Products or services.

3.       Breaching the rules of use promulgated by the Company for safe transactions.

                                                            iii.      The accumulated credit rating of the Member is below certain rating.

                                                           iv.      The Member has breached this Agreement or the grounds for termination under this Agreement have occurred (including the breach of the relevant agreement by any person who is subject to the Affiliate members agreement of Gen X)

                                                             v.      It has been confirmed that there are grounds to reject the User agreement of the Member in accordance with Approval, Rejection, Deferring Of The Application.

                                                           vi.      The Company, in its reasonable judgment, has decided that there are grounds to refuse the provision of the Services.

b.      In the event the Company terminates the User agreement, the Company notifies of the grounds of termination to the relevant Members by e-mail, telephone, fax and other means. The User agreement is terminated when the Company notifies of its intent to terminate to the Member.

c.       Following the termination of the User agreement by the Company in accordance with this Expiration Of Member Agreement, this Agreement shall continue to apply to any matters related to the completion of any existing sale and purchase agreements entered into prior to the termination.

d.      In the event the User agreement is expired in accordance with this Expiration Of Member Agreement, the Company may cancel any advertisements and transactions related to the relevant Member without notice, and to the extent any Buyer has paid the purchase price of the Products using credit card, such credit card transaction may be canceled.

e.      In the event the User agreement is expired in accordance with this this Expiration Of Member Agreement and the Member reapplies for the use of the Services, the Company may refuse to approve such application.

3.       The Member shall be responsible for any losses occurring in connection with the termination of the User agreement, for which the Company shall not be held responsible in any way whatsoever.

 

Management Of Company

1.       The Company may take the following measures against any Member who has breached this Agreement, related laws and regulations and the general principle of business transactions:

a.       Taking back all or part of the benefits incidentally provided by the Company.

b.      Restricting the use of specific Services.

c.       Termination of the User agreement.

d.      Requesting compensation for damages.

2.       In the event the Company has undertaken the measures set forth in the above Management Of Company Clause 1, the Company shall provide the prior notice thereof to the Member by telephone or e-mail. Under certain inevitable circumstances, such as where the Member is out of contact or in the case of emergency circumstances, such measures may be taken prior to the notice and, subsequently, notified to the Member.

3.       If the Member has any objection against the measures taken by the Company in accordance with this Management Of Company, the Member may protest.

4.       In the event the Member fails to log in for eighteen (18) months or more, the Company may consider such account as dormant account, in which case the Company may place restriction on the use of Services provided by the Company.

 

Term And Suspension Of Service

1.       The term of the Services of the Member shall commence on the date on which the application for the Services of Gen X was approved and shall continue in full force and effect until the termination of the User Agreement.

2.       The Company may temporarily suspend the provision of the Services due to repair, checking, replacement and breakdown of communication facilities such as computers, etc., loss of communication, etc. In each of the foregoing cases, the Company shall notify of the suspended Services and the reasons for temporary suspension of the Services on the start-up page.

3.       The Company may restrict or temporarily suspend the provision of the Services in the event it is unable to provide such Services due to the occurrence of the natural disaster or other force majeure events.

 

Service Fees

1.       The Company may impose fees in connection with the provision of certain specific Services or function of Gen X.

2.       Any fees set forth in this Service Fee shall be handled in accordance with the terms of this Service Fee, Individual Agreement or separate application.

 

Cash, Survey And Contest

1.       The Cash may be refunded in cash (with the minimum denomination of RM500), which shall be remitted into the designated account on the second (2) business day from the date on which such request is made.

2.       Company may occasionally provide Affiliates the opportunity to participate in contests or surveys. If members decide to participate, Company will request certain personally identifiable information. Participation in these surveys or contests is completely voluntary and members therefore have a choice whether or not to disclose this information. The requested information typically includes contact information, such as name and shipping address, and demographic information, including but not limited to complete address and, zip code.

3.       Company uses this information to notify contest winners and award prizes, to monitor site traffic or personalize the site, or to send participants electronic communications. Company also may store this information for use at a later date.

4.       Company may use a third-party service provider to conduct these surveys or contests; such third-party service provider will be prohibited from using the Web Site user's personally identifiable information for any other purpose.

 

Copyright Policy

1.       The Company shall establish and manage the policy of protecting the copyright of the copyright holder in connection with the use of the Services, and the Member shall comply with such copyright policy of the Company.

2.       The Member shall have copyright over any postings that have been prepared by the Member while using the purchase Services provided by the Company. The Member shall be responsible for any civil and criminal liabilities such as infringement of the copyright related to the relevant postings.

3.       The Company may search, expose to the other website, or use for free as sales promotion and other materials any postings registered by the Member, and may copy, display, transmit or distribute such posting or prepare compilation works and the derivative works in the Services provided by the Company. However, that in the event the Member, who has registered the relevant postings, requests the Company to stop using such postings by deleting the postings, the Company shall immediately cease from using such postings.

4.       The Company's right to use set forth in Copyright Policy Clause 3 shall remain in full force and effect so long as the Company operates the Services of Gen X.

5.       Company automatically records Web Site use information and analyze statistically to track operational problems, to prevent fraud and to improve the effectiveness, security, and integrity of the Web Site. This information does not identify member personally and Company does not use this information to track information about individuals. We will disclose this information to third party only in aggregate form or as may be required by law. For each page visited, the Company collects and stores only the required technical information in what is called a "web server log file", including but not limited to : Date and time of access, URL address of webpage visited, internet domain and IP address from which genxlifestyle.com.my was accessed, Type of browser and operating system used to access genxlifestyle.com.my (if provided by the browser), URL address of the referring page (if provided by the browser), completion or success status of the request for a webpage or other online item, file size of the webpage visited.

6.       The Company shall have the ownership over a copyright and any other intellectual property rights relating to any works prepared by the Company. In the event the User uses the information which it has acquired while using Gen X by copying, transmitting, publishing, distributing or broadcasting such information, or by using any other means, without the prior consent of the Company, the User shall be responsible for such use (including the use of a third party, if such use is granted by the User).

7.       The Company may, without notice, delete the postings, restricts or prohibits the relevant publisher from using the specific Services, terminate the User agreement or take any other measures in any of the following cases.

a.       If the contents of the posting violate the provisions of Malaysian laws.

b.      If the posting infringes the rights, honor, credit and any other legitimate profit of the other person.

c.       If the posting contains malignant code or data that may cause malfunction of information technology equipment.

d.      If the posting violates social public order or is destructive to the traditional custom.

e.      If it is determined that the posting disturbs smooth operation of the Services of Gen X provided by the Company due to material causes similar to those described in Copyright Policy Clause 7(a) through Copyright Policy Clause 7(d).

 

Services Of Affiliates

Types Of Service

The Company shall provide the following Service to the Member:

E-Commerce Services: It means the Services provided by the Company through its Internet site (http://www.genxlifestyle.com.my/) to provide the place of on-line transaction and other related supplementary services to enable the purchase and sale of the Products among the Members.

1.       Business support services related to sales and purchases.

2.       Execution of agreement, payment support, Payment Protection Services and Trust & Safety Service (T&S).

3.       Product search information services.

4.       Other e-commerce related services.


Use Of Services By Affiliates

  1. The Members nor Affiliates shall not submit bids for the Products or express its intent to purchase if he or she does not have the actual intent to purchase. In the event it is found that the Member or Affiliate has caused the increase in the price of the Products by submitting bids without consent of the Company, or interrupted the Affiliate’s chance to sell the Products or other User's chance to purchase the Products by faking the intent to purchase, the Company may take necessary measures against the relevant ID such as disqualifying the Member, etc.