Terms & Conditions (Part 3)

Before purchasing any Products, the Users must accurately confirm the terms of the transaction and the detailed description of the Products prepared by the Company posted on the website. The Users shall be responsible for all losses and damages arising out of or in connection with any purchase made without confirming the foregoing.

3.       The Users shall comply with this Agreement and all notices posted on the Service page by the Company. The Users shall be responsible for all losses and damages arising out of or in connection with its breach or failure to perform the terms of this Agreement or such notices.

4.       The Users shall purchase the Products at his or her own risk.

  1. In case of the occurrence of grounds for withdrawal of an application for a contract concerning the Products purchased by the Users, the Users shall not arbitrarily use such Products or leave the Products to be damaged. In the event such Product is arbitrarily used or damaged due to inadequate storing of such Products, the reasonable expenses shall be borne by the Users.
  2. In case of any disputes arising out of the procedure relating to the purchase and sale of the Products between the Users and the Company or Affiliates, the Users shall sincerely try to resolve such dispute in a faithful manner. The Users shall be responsible for all damages and losses suffered or sustained by the Affiliates and the Company arising out of the User's insincere approach to resolve the disputes.

7.       The Users shall use the means of payment available under its name when purchasing the Products and shall not arbitrarily use the means of payment available under other's name, etc. The Users shall be responsible for all damages and losses suffered or sustained by the Company, the owner of such means of payment and Company arising out of the User's arbitral use of the means of payment available under other's name.

8.       The User shall be responsible and liable for the information provided by the User in connection with the payment of the purchase price and any disadvantages arising out of such information.

9.       In the event the payment is not made within two (2) business days (excluding Saturdays, Sunday and public holidays in Selangor) from the date on which the purchase order is placed, it shall be deemed that the order has been cancelled, and the relevant order shall be automatically cancelled.

10.   The Company may confirm whether the User has the justifiable right to use the means of payment used by the User and may stop or cancel the transaction until such confirmation is completed.

11.   The Company shall manage various facilities and materials in order to provide safely the Services to the User. The Company shall confirm whether such Services is used consistently with the purpose of such Services, and in the event the Company finds that the Buyer has used the Services in contravention of the purpose of such Services, the Company may request the User to explain the reason therefore.

12.   In the event the Company posts the information provided by its partners, or provides the reference information or contents provided by a third party at Gen X site or through links, for the convenient use of the Services for the User, the User shall, at its own decision and risks, purchase the Products, for which the Company shall have no liability whatsoever.

  1. In the event a person who is a minor purchases the Products, his or her legal representative must consent to the relevant agreement. If no such consent has been provided, the minor or the legal representative may cancel the agreement. Any detailed matters relating to the transactions undertaken by the minor shall be handled in accordance with the related laws and regulations.

 

Use Of Payment Protection Service

1.       The Company shall provide the Payment Protection Services to provide the environment where transactions among the Members can be undertaken safely and to improve the reliability of e-commerce services. The Payment Protection Services mean the services whereby the Company refunds to the User the payment made by the User, in the event the User has made the payment in accordance with the purchase and sale agreement (which payment is then transferred to the Company after deducting a predetermined fixed service fees therefrom in case the User received the Products from the Seller) but the User has not received the Products from the Seller or the User requests for refund after having the Products returned to the Company even if the User received the Products from the Company.

2.       The Payment Protection Services apply to all Products purchased at Gen X.

  1. The Payment Protection Services is provided for the purpose of enhancing the safety and reliability of the purchase and sale of the Products among the Members and protecting the User who is required to make payment before he or she receives the Products.

4.       Any remittance charges, etc. incurred in connection with making payment of the Products through the payment settlement agent services provided by the Company shall be borne by the User who remit the payment.

  1. The Company cannot be requested to return any interests, etc., that are incurred on the payments that are in custody of the Company and subsequently obtained by the Company, in the course of providing the Payment Protection Services.

6.       Any User, who uses the Payment Protection Services, shall express his or her intent to finalize the purchase, exchange or return at the time when the Products are delivered to the Buyer.

7.       The Payment Protection Services are terminated when the User expresses his or her intent to finalize the purchase or it is deemed that the User has such intent.

8.       In the event the User fails to express his or her intent to exchange or return within the Purchase Finalization Period following the completion of the delivery of the relevant Products, it shall be deemed that the User has the intent to finalize the purchase.

9.       In the case of the occurrence of the grounds to withdraw, cancel, terminate, nullify or etc. the agreement after the termination of the Payment Protection Services, the User shall undertake the relevant procedures directly with the Affiliate to withdraw, cancel, terminate or etc. the agreement and to obtain a refund of the purchase price.

 

Completion Of Transaction

A delivery period starts on the date immediately succeeding the date on which the deposit has been confirmed and ends on the date on which the delivery is completed. In the case of public holidays and other holidays in Selangor or the occurrence of the natural disaster or the force majeure events, such period shall be excluded from the delivery period.

1.       If the Goods purchased is not delivered in accordance with the Contract or within a reasonable time, the User shall be entitled, by serving written notice on Company, to demand performance within a specified time thereafter, which shall be at least 14 days. If Company fails to do so within the specified time, the User shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Company's non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events.

2.       In the event there is a dispute among the Affiliates, Buyer, delivery company, financial institutions, etc., in connection with the delivery, such disputes shall be resolved among the related parties. The Company shall not take part in any of such disputes, nor shall it be held liable thereto, unless it involves.

3.       In the case of the occurrence of the grounds to refund the purchase prices due to defects in the Products, etc. after the purchase has been finalized, the Company shall not intervene. Any disputes arising between the User and the Company after the purchase has been finalized shall be resolved between the relevant User and Affiliate.

4.       If the Buyer fails to express his or her intent to finalize the purchase, exchange or return within the Purchase Finalization Period, the Company may deem that the intent to finalize the purchase has been made and take the procedure to automatically finalize the relevant purchase (the "Automatic Finalization of Purchase") on the business date immediately succeeding the expiration date of such period; provided that if the User does not receive the product within the Purchase Finalization Period, the User may report such non-arrival to the Company.

5.       Once the Automatic Finalization of Purchase is concluded, the Buyer may not raise any objections against the Company such as non-delivered Products, request to return the Products, etc. The User shall directly settle with the Affiliate any issues relating to the obtaining of refunds of the purchase prices, exchange of the Products, etc.

6.       We reserve the right to reject any product(s) order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

 

Return, Refund And Cancellation

1.       The User may request for the return or exchange of the Products within seven (7) days from the date on which the Product is delivered. The related laws and regulations shall prevail over the terms of the transaction provided by the Company in connection with general matters relating to the return of the Products. However, the User may not be entitled to request return or exchange in any of the following cases:

a.       The value of the Product has been significantly reduced due to the use or partial consumption thereof by the User.

b.      The value of the Product has been significantly reduced to the extent that such Product is not resalable due to the time elapsed.

c.       There are other reasonable grounds based on which the Buyer may not be entitled to request for refund or exchange.

2.       In the event the Company receives the request to exchange or return from the User, the Company shall immediately notify thereof to the Affiliate.

3.       All necessary expenses such as round-trip delivery costs for the exchange or return shall be borne by a party to whom a cause is attributable.

4.       In the event the Company fails to confirm the order information of the User or fails to carry out the delivery procedures for a considerable period of time after having been notified of the payment confirmed by the Company, the Company may cancel the relevant transaction at the request of the User, in which case, the payment in custody of the Company shall be refunded to the User. Moreover, the Company may take steps to undertake the automatic refund procedures, etc. without the request made by the User in accordance with its own policies, in which case such shall be publicly notified in advance.

  1. If the transaction, for which the payment of the User has been confirmed, is cancelled, the Company shall take the necessary procedures to refund the purchase price to the User within two (2) business days from the date on which the relevant transaction is cancelled. In the case of where the transaction is cancelled for which the payment has been made via credit card, the cancellation of payment approval shall be processed immediately. In the case of where the transaction is cancelled for which the payment has been made using the electric prepayment means of Gen X, the procedures to refund such shall be immediately undertaken.
  2. Any refund of the Products, for which the payment has been made by credit card, shall be made only by cancelling the credit card transaction, and shall not be made in cash; provided, however, that the refund of the delivery charge (in the case of bundle delivery) may be made in Cash after the relevant purchase has been finalized.

7.       The Member may cancel his or her purchase before the Product is delivered. If the request for cancellation is made while the Product is being delivered, such request shall be processed through the return procedure (not through the cancellation procedures).

8.       Any request for cancellation, which is registered after the payment has been completed, shall be completed immediately.

  1. Any request for cancellation, which is made while the Product is being prepared for delivery, shall be completed immediately in principle; however, to the extent that the relevant Product has been already dispatched, the User shall be responsible for the round-trip delivery charges.

 

Prohibited Acts

1.       In furtherance of safe transactions, Affiliate and User are prohibited from directly entering into a transaction (e.g., direct dealing) without using the Payment Protection Services provided by the Company. Any issues or problems arising from such direct dealing shall be borne by the parties thereto, and the Company shall not take any responsibility in relation thereto.

2.       An Affiliate who are confirmed to have engaged in or induced a direct dealing may be suspended from using the Service or be terminated from the Distributor Agreement, and a Member may report such Affiliate to the Customer Contact Center operated by the Company.

3.       Any abnormal use of the Service or access to the system not in conformance with the terms and conditions of the Service provided by the Company is prohibited.

4.       Upon confirming any wrongdoings to the system, the Company may take following measures against the responsible Member: reclaim of additional benefits, in part or in whole, provided by the Company, restriction in use of certain Services, termination of User agreement, etc.

5.       The Service prohibits any purchase from unauthorized use of another person's identify, credit card information, account information, etc.

  1. Any unusual payment in violation of related law, such as raising funds in disguise of sale of product or supply of service is prohibited. Upon confirming such activity, the Company may suspend or cancel the Member's transaction and notify relevant authority.

7.       Any unusual transaction exploiting discount rates, etc. provided by the Company and any purchase with no intention of actual purchase (e.g., no actual delivery of product) are prohibited. Upon confirming such activity, the Company may cancel such transaction, restrict use of the Services or terminate User Agreement.

 

Indemnification

1.       Any transactions between Users arising from or in connection with sale of products, such as shipment of products, returns or withdrawal of subscription, must be proceeded by the User and the Company, who are the parties of such transaction.

2.       The Company shall not be liable for any damages or losses that User or a third party may suffer or sustain as a result of temporary suspension of the Service in accordance with Term And Suspension Of The Service Clause 2 hereof.

  1. In the event of restriction on or suspension of the Services in accordance with Term And Suspension Of The Service 3 hereof, the Company shall be released from any responsibility by reason of force majeure.

4.       The Company shall not be responsible for any impairment to use of the Services caused by User's fault.

5.       The Company shall not be responsible for any damages arising from User's disclosure or provision of its own personal information to another person.

  1. The Company will not be involved in any transactions between User and a third-party company connected through links, banners, etc. on the Company's service screen (hereinafter, "Linked Company"). The Company shall not be responsible for such transactions.

7.       The Company does not guarantee accuracy, promptness or appropriateness, etc. of any products or information, etc. provided by a third party on the Company's service screen, nor will the Company in any event be responsible in relation thereto.

  1. The Company shall not be responsible for any modification or suspension of the Services or functions, in part or in whole, in accordance with Use Of The Trust And Safety Services Clause 1 hereof.

 

Payment Services

Scope Of Service

1.       Gen X Pay Service provides systems in relation to the payment service and payment protection service to assist Affiliates to sell products at the Gen X sites, but does not sell or purchase products to/from Members.

2.       In case the payment is made via Gen X Pay Service, you may confirm the said payment history at Gen X.

 

Prohibited Acts And Its Application

1.       In relation to the Member's use of Gen X Pay Service, in case the false information is filled by Members in the form provided by Company, or Members conspire to trade items prohibited by the applicable law, or acts which are against the Company's reasonable policy are detected, Company may cancel the relevant transaction and take further steps including suspending the membership and terminating the User Agreement.

2.       The use of all Gen X Payment Service is governed by Terms and Conditions.

 

Miscellaneous

Governing Laws And Jurisdiction

1.       This Agreement, Service User Agreement between the Company and Members and any sales transaction between Members shall be governed by the laws of Malaysia.

2.       The Malaysian relevant court shall be the competent court of first instance for any litigation arising from disputes between the Company and User in relation to the Services.

 

Miscellaneous Provisions

1.       The Company, if necessary, may temporarily or permanently modify or suspend certain Services or functions, in part or in whole, upon notifying in advance through Gen X websites.

2.       No party hereto can assign, delegate or transfer any rights or obligations under this Agreement to a third party without a written consent of the other party.

3.       The following constitutes integral part of User agreement:

a.       In relation to this Agreement, any agreements, covenants or notification, etc. additionally executed upon parties' agreement.

b.      The Company's announcement on Gen X website pursuant to change in the Company's policy, enactment or amendment of laws or regulations or government authorities' notification or instruction, etc.

4.       The Company shall establish and operate customer service center to actively collect, and provide solutions to, fair opinions or grievances arising from the purchasing Member's use of the Service and mediate disputes between Members. The Company shall promptly process issues that it considers fair and reasonable upon deliberation of various complaints and opinions raised by Members and, for matters that cannot be immediately processed, shall notify the reason and estimated period to Member via email or telephone.

 

Use Of The Trust And Safety Services

1.       The Company shall provide the Trust And Safety Services to provide the environment where transactions among the Members can be undertaken safely and to improve the reliability of e-commerce services. The Trust And Safety Services mean the services whereby the Company refunds to the User the payment made by the User, in the event the User has made the payment in accordance with the purchase and sale agreement (which payment is then transferred to the Company after deducting a predetermined fixed service fees therefrom in case the User received the Products from the Company) but the User has not received the Products from the Company or the User requests for refund after having the Products returned to the Company even if the User received the Products from the Company.

2.       The Trust And Safety Services apply to all Products purchased at Gen X.

3.       The Trust And Safety Services is provided for the purpose of enhancing the safety and reliability of the purchase and sale of the Products among the Members and protecting the User who is required to make payment before he or she receives the Products.

  1. Any remittance charges, etc. incurred in connection with making payment of the Products through the payment settlement agent services provided by the Company shall be borne by the User who remit the payment.

5.       The Company cannot be requested to return any interests, etc., that are incurred on the payments that are in custody of the Company and subsequently obtained by the Company, in the course of providing the Payment Protection Services.

6.       Any User, who uses the Payment Protection Services, shall express his or her intent to finalize the purchase, return at the time when the Products are delivered to the User.

7.       The Trust And Safety Services are terminated when the User expresses his or her intent to finalize the purchase or it is deemed that the User has such intent.

8.       In the event the User fails to express his or her intent to exchange or return within the Purchase Finalization Period following the completion of the delivery of the relevant Products, it shall be deemed that the User has the intent to finalize the purchase.

9.       In the case of the occurrence of the grounds to withdraw, cancel, terminate, nullify or etc. the agreement after the termination of the Payment Protection Services, the User shall undertake the relevant procedures directly with the Affiliate to withdraw, cancel, terminate or etc. the agreement and to obtain a refund of the purchase price.