FASTENTIX TERMS OF SERVICE
Welcome to Fastentix.com.my website and/or the Fastentix mobile app (“Platform”). This Terms of Service (“Terms of Service”) is applicable to all users accessing and using the Platform and any services, information, functions, applications and/or tools (“Services”) made available by Fastentix through the Platform.
This Terms of Service binds all parties including the Blyon Group Berhad (individually and collectively referred to as the “BGB”, “Company”, “we”, “us” or “our”) and all users (“individually or collectively referred to as “Users”, “you”, “your”) of the Platform and the Services. This Terms of Service shall govern your use of access to and use of our Platform and Services.
By using the Platform and Services, you acknowledge to have carefully read and irrevocably agree and accept to be bound by this Terms of Services and all other terms and policies (“Terms and Policies”) incorporated to its end and/or by reference, and to any amendment of the same.
This Terms of Service hereby legally binds all User of the Platform and/or Services any Parties involved in the use of the Platform and/or Services, either entirely or partially depending on the commitment of the said Parties in relation to the use of the Platform and/or Services.
3. DEFINITION AND INTERPRETATIONS
For the purpose of this Terms of Service and/or other relevant Terms and Policies, all interpretations and expressions herein shall have the respective meanings set out as follows, except where it is inconsistent with the context requires otherwise:
|“Application”||:||means the mobile application operated by Fastentix or its affiliates (as amended from time to time) for the provision of Services;|
|“Company”||:||means BLYON GROUP BERHAD a company incorporated in Malaysia and having its principal place of business at No 13 & 13A, Jalan P4/8B, Bandar Teknologi Kajang, 43700 Semenyih, Selangor;|
|“Delivery”||:||means a selection of:Same Day Delivery services (within 25km radius) (“SDD”); and/orNormal delivery of products offered and guaranteed by Fastentix;|
|“Fastentix”||:||means the platform at https://www.fastentix.com and/or the Fastentix Mobile Application;|
|“FastBuyer”||:||means the end-user and/or customer for the Fastentix including FastMerchant, FastSeller and/or FastSquad;|
|“FastMerchant”||:||means the party, founder, franchisor and/or the brand owner that has signed up a FastMerchant’s account through Fastentix Requisition Form to use of Services;|
|“FastSeller”||:||Means the reseller under the FastMerchant that holds stocks of FastMerchant’s Products and provide the SDD and/or normal delivery to the FastBuyer and/or customer using Fastentix Platform;|
|“FastSquad”||:||Means an affiliate who acts as an activator for the FastMerchant and FastSeller in promoting the FastMerchant’s Products;|
4. MODIFICATIONS & AMENDMENT
Fastentix reserves the right to change, modify, add or remove portions/any portion of this Terms of Service and/or other Terms and Policies at any time without the need to provide prior notice to the Users. Any changes, modifications, additions or removal of any portion of this Terms of Service and/or other Terms and Policies are deemed to be effective and binding upon all Users after its publication on our Platform.
5. TERMS OF SERVICE
5.1 Scope of Terms and Conditions
The terms and conditions set out below (“Terms of Service”) are applicable to any and all access and use of the Website. You may view the Terms and Conditions via the link set out on the main page of the Platform and/or Services.
This Terms of Services are to be read together with the following documents, if applicable:
- Return & Refund Policy;
- FastMerchant Terms of Service;
- FastSeller Terms of Service;
- FastSquad Terms of Service; and
- All other terms of Policies published in the Platform from time to time
The terms of the Policies are part of these Terms of Service by reference, and collectively represent a legally binding agreement between all relevant Parties and Fastentix.
For the avoidance of doubt, in the event of any inconsistency, the terms and conditions in this Terms of Service shall prevail. For the avoidance of doubt, a general reference to “terms and conditions” herein shall where applicable includes the terms and conditions in the relevant Policies.
5.2 Use of Service and the Website
Fastentix provides e-commerce facilities and Services via the Platform enabling the sale and purchase of Products between Parties.
By accessing, browsing and/or using the Platform, you are deemed to have irrevocably and unconditionally agreed to the Terms of Service.
You must not access and/or use our Platform and/or Services if you are not agreeable to any of the Terms of Service.
You agree to use the Platform at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom.
5.3 Use of Personal Data
Fastentix cares about your data privacy and security. Kindly review our http://www.fastentix.com/PrivacyPolicy which forms a part of this Terms of Service.
5.4 Amendment of Terms of Service
Fastentix shall be entitled at any time and from time to time, to modify, amend or change the Terms of Service as appropriate and at our sole and absolute discretion.
Fastentix shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Platform, and you shall be bound by such modified Terms of Service.
As such, it is your responsibility to regularly visit the Platform, view the Terms of Service and keep yourself updated on any changes made to the Terms of Service.
Please cease to use the Platform and/or Services if you are not agreeable to any amendments or modifications of the Terms and Conditions. You agree to use the Website at your own risk, and your use of the Website following any amendment or modification of the Terms and Conditions constitutes your agreement and acceptance to be bound by the same.
We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions or your own failure to keep yourself updated on the modifications to the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.
Fastentix cares about your data privacy and security. Kindly review our http://www.fastentix.com/PrivacyPolicy which forms a part of this Terms of Service.
For the avoidance of doubt, the Terms of Service shall be read together with the other relevant Terms of Service, and such other Policies in force from time to time.
7. APPLICATION AND REGISTRATION AS FASTBUYER
7.1 Registration as FastBuyer
- In order to access or use certain Services on the Platform, you acknowledge that you are required to register yourself as a FastBuyer;
- Unless otherwise specified by Fastentix, no cost shall be borne by any Parties for the purpose of registration as FastBuyer;
- Fastentix reserves its rights to restrict, suspend, terminate your access to or use of the Platform and/or Services if Fastentix finds in its sole and absolute opinion that you are in breach of any of this Terms of Services;
- FastBuyer also required to register and/or sign in on Fastentix App in order to access the mobile application; and
7.2 Categories of Membership
- FASTBUYER, in which any use of the Platform and/or Service shall be in compliance with this Terms of Service and any other policies referred to herein;
- FASTSQUAD, in which is bound by FASTSQUAD Terms of Service;
- FASTSELLER, in which is bound by FASTSELLER Terms of Service;
- FASTMERCHANT, in which is bound by the FASTMERCHANT Terms of Service.
For the purpose of registration as the FastBuyer, you hereby agree to comply with the following requirements:
- You must be at the age of 18 and above or the legal age for giving consent hereuner pursuant to the applicable laws in your country (“the legal age”);
- Should you be under the age of 18 or the legal age, you must strictly obtain permission from your parent(s) or legal guardian(s) to register an account for the use of the Platform and/or Services. If you are the parent(s) or legal guardian(s) of a minor who is creating an account, you must accept and comply with these Terms of Service on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platforms and/or Services or purchases made on the Platform;
- If you do not have consent from your parent(s) or legal guardian (s), you must refrain from using/accessing the Platform and/or Services;
- You hereby warrant that all information provided to Fastentix as part of the registration process is accurate, current and complete at all times and you will immediately notify us of any changes to the same;
- You irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from our reliance on the inaccurate, false, misrepresentation of facts in the content of your application for registration;
- Fastentix reserves the right to refuse and/or deny you from having access to the Platform and/or Services including registration of account with Fastentix and conclusion of any transaction with any Parties herein should you fail to comply with any of the above requirements, including:
- Where Fastentix are unable to verify your identity with certainty;
- Where the data provided by you upon sign up (I.e. email address, telephone number, company/business registration number) is identifical to an account already registered with Fastentix;
- Where you have provide false or inaccurate information or omitted to provide necessary information during the registration process;
- Where you have applied for membership within less than one (1) month from the date of termination or cancellation of your earlier account on our Platform;
- Where you have signed up as FastBuyer under another account, which is either temporarily or permanently suspended at the time of your intended new registration;
- Where you have breached any of the Terms of Service; and/or
- Any reason as may be determined by Fastentix
For avoidance of doubt, Fastentix reserves its rights to the finality of its sole discretion and decision in relation to refusal and/or denial of access toward you for the above stated grounds.
7.4 Completion of Registration
- Upon successful and uninterupted completion of registration process as determined by Fastentix, you shall be deemed to be a registered FastBuyer of Fastentix and shall enjoy all benefits contained herein.
- Our registration process may, where necessary, include identity verification by way of submission by you of certain documentary evidence and supporting materials as may be requested by us.
- In order to ease identification process, you shall submit to us your preferred identification name (“FastBuyer ID”) which can be of letters, word, numbers and/or any combination of the same.
- Please note that we reserve the right not to approve any application for registration that we find to be unsuitable and not in accordance with our Terms of Service and/or other policies referred herein.
- Please note that you are not allowed to change your email address once your membership request is submitted and approved as your Member ID is linked to the email address. If you would like to change your email address, you will need to terminate your membership account and sign up again using the new email address.
7.5 Protection of Account Details
Each FastBuyer is responsible for maintaining the confidentiality of the FastBuyer’s account information, including the account password, and for all activity that occurs under the FastBuyer’s account.
You agree to notify us immediately should there be any unathorised use of your account or password or of any other breach of security. You may held liable for losses incurred by Fastentix or by any other Parties due to someone else using your password or account.
You may not use anyone else’s password or FastBuyer account at any time. We have the right to disable any FastBuyer ID or password at any time in our sole and absolute discretion for any reason, including where you have breached any provision of this Terms of Service.
7.6 Use of Services
- Use of the Platform and/or Services as FastBuyer is free.
- However, certain Services on the Platform which are provided for FastMerchant, FastSeller and FastSquad may require the payment of fees as further described in their respective Terms of Service, Policies and/or other agreements as may be entered into by the Parties with Fastentix from time to time.
- Any fees imposed shall be charged, settled and/or otherwise dealt with in accordance with the terms of the said Terms of Service, Policies and/or other agreements as may be entered into by the Parties with Fastentix in respect of the same.
7.7 Suspension and Termination of FastBuyer
- Limitation of Access, Suspension or Termination by Fastentix
Fastentix shall be entitled to restrict your access to the Platform and/or Service or, to either temporarily or permanently suspend the use of your account in the Platform and/or Services or, to terminat your accour and/or take any reasonable measures or actions that Fastentix deems necessary without prior notice to you of:
- You commit any prohibited conduct in violation of (Article);
- Where you have committed or suspected to commit any wrongdoing/unlawful act or where you have committed or are suspected of breaching or are anticipated to breach any of this Terms of Service; and/or
- There are any other reasonable grounds as may be determined by Fastentix at its sole and absolute discretion
- Termination of FastBuyer
Subject the rights of Fastentix upon suspension/termination of FastBuyer account, you may terminate your FastBuyer account at any time by writing to us at email@example.com provided that all sale and purchase transactions of any Product that are currently in progress must be either completed or cancelled.
- Consequences of Termination
Termination of your FastBuyer account, in any way will result in your losing:
- All Credits and Points accumulated;
- Your shopping history; and
- Any other benefits contained therein throughout your membership as FastBuyer with Fastentix
For the avoidance of doubt, FastBuyer agrees that any and all consequences arising from such termination shall be borned by you.
7.8 Rights of Fastentix upon Suspension/Termination of FastBuyer account
- Where your FastBuyer account is suspended or terminated by the Fastentix for any reason whatsoever or where you voluntarily terminate your FastBuyer account (as the case may be), we reserve the right to:
- Cancel and/or reverse any and all Transactions under your account, including cancelling the delivery of any Product purchased and refunding all payments made for the same (where applicable);
- Cancel, forfeit or deduct Credits, Points and/or Coupons as may be available under your account on the date of termination;
- Cancel, forfeit or deduct other benefits which may be provided to you as FastBuyer;
- Disallow or restrict the use of all or part of the Platform and/or the Services;
- Deny or decline any new application for membership submitted by you within one (1) month from the date of termination;
- Disallow the use of your previous FastBuyer ID for any new FastBuyer account applied for by you, at our sole and absolute discretion; and/or
- Claim for compensation or damages arising thereafter.
- Fastentix shall provide you prior notice of the steps to be taken under Clause x(a) above by way of telephone or email. Where you are not contactable or in the case of emergency circumstances, the steps set out above may be taken without further attempt to provide prior notice, and Fastentix shall notify you as soon as practicable thereafter.
7.9 Compensation for Losses
Where, in using or accessing the Platform and/or Services, any of your actions cause any losses to Fastentix, you shall be liable for and shall compensate Fastentix for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold Fastentix harmless at all times in respect thereof.
7.10 Dormant Account
Fastentix shall deem your FastBuyer account to be dormant if you fail to log into the Platform and/or use the Services for a duration exceeding 18 months.
In the event your FastBuyer account is deemed dormant, Fastentix may place a restriction on the use of the Platform and/or Services. In addition to the foregoing, if you are either Parties of Fastentix, Fastentix may further purge and remove your account and your Products from your respective accounts, save as provided by any Terms of Services, Policies and agreement applicable to you.
7.11 Reactivation of Account
In order for you to commence using the Platform and/or Services again, you will need to authenticate and verify your identity in accordance with such procedures as determined by Fastentix.
8. USE OF THE PLATFORM AND SERVICES
As a condition of your use of the Platform and/or Service, you hereby agree that:
- In compliance with law, you shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:
- committing fraud, for example by making purchases on the Website using another person’s identity, credit card or bank account;
- distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities; or
- using the Services to promote and facilitate pyramid schemes;
- You shall comply with these Terms and Conditions and our Policies;
- You shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the Platform and/or Services (“Contents”) for:
- which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or
- which infringe or misappropriate the Intellectual Property Rights of Fastentix or other third parties;
- You shall not copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes;
- You shall not collect or post personal information about other Parties or other third parties, including email addresses, without their consent;
- You shall not use the Services, access the Website or manipulate the Website’s system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms of Service, which shall include but is not limited to:
- transferring your FastBuyer account and FastBuyer ID to another party and/or allowing access by a third party to your FastBuyer account and ID without our express written consent;
- directly entering into and completing any Transaction with another Parties outside of the Platform without compliance to the specific policies provided and agreed, either expressly or impliedly by Fastentix in relation to the use of the Platform and/or Services;
- exploiting or attempting to exploit any benefits provided by the Fastentix, (including but not limited to discounts and/or Coupons) by signing up for multiple accounts and/or purchasing a Product with no intention to complete the same;
- manipulating the price of any item or interfering with other FastMerchant’s listings; or
- taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to the Website);
- You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Platform and/or Services or Fastentix operations and/or business, including but not limited to:
- distributing viruses or any other technologies that may harm the Platform and/or Services or the interests or property of other Parties;
- undertaking any action to undermine the integrity of, or gain access to, the Platform system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services (“System”);
- monitoring data or traffic on the System or conducting crawling of the System without the Fastentix permission;
- engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
- engaging in any behaviour that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;
- You shall conduct yourself in good faith and in accordance with good public order and morals, and shall refrain from:
- persistently raising complaints without any reasonable grounds or justification;
- repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
- engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.
The Company may, without notice, delete postings or restrict or prohibit you from posting or using specific Services on the Platform, terminate your access to the Platform and/or the Services or take any other measures it deems fit on the occurrence of a breach of any of the conditions specified above.
Fastentix shall not be responsible for any problems or issues suffered by you and/or any Parties arising from any incompliance to the above conditions.
8.2 Liability for Third Party Websites
Fastentix shall have no liability whatsoever in the Fastentix posts any information or reference information or contents provided by a third party Platform or links on the Platform for yor convenience and your visit to such third party sites shall be at your own risks.
8.3 Suspension of Services
Fastentix may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to:
- maintenance work on the Platform;
- the occurrence of power or communication outage;
- technical problems on the part of our third party suppliers or partners;
- the occurrence of a natural disaster, act of terrorism or other force majeure events; and or
- any other reason(s) that Fastentix deems necessary for such suspension.
Upon suspension of the Platform and/or Services, Fastetix shall post a notification on the Platform on the suspension of the Services as soon as reasonably practicable. Fastentix shall not be made liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with this Terms of Service and other policies referred herein.
9. SALE AND PURCHASE OF PRODUCTS
9.1 Application and effect
The entire provisions under Clause 9 shall specifically govern the sale and purchase of Products on the Platform and/or Services by Fastentix, save where FastBuyer has entered into a separate purchase agreement with Fastentix, in which case the terms and conditions of the separate agreement shall govern.
By ordering the Products or accepting delivery of the Products described on the invoice, the FastBuyer shall agree to be bound by and is deemed to have accepted these Conditions.
9.2 Basis of contract
The Platform serves as a medium for sales of Goods between the FastBuyer and the FastMerchant/FastSeller/FastSquad (“collectively as “the Parties”). The identity of the Parties for the Goods may be stated on the webpage of Goods.
Where FastBuyer has placed an order on the Platform for purchase of Goods sold by either FastMerchant/FastSeller/FastSquad and FastMerchant/FastSeller/FastSquad have accepted the same, such acceptance shall constitute a binding Contract entered into directly between the Parties. Fastentix, in the form of its Platform and Services is not a party to the Contract and accepts no obligation in connection with any of such Contract. Parties to such Contract shall be entirely and wholly responsible for the Contract including all matters related to the sales of Goods.
9.3 No Representation
Fastentix is not an agent for, and does not represent either FastBuyer, FastMerchant, FastSeller, FastSquad or any third parties and has no authority to act on behalf of either Party.
You hereby agree that you shall be solely and directly responsibile for all liabilities related to any Transaction entered into between you as the FastBuyer and any Parties to Fastentix Platform and/or Services and in relation to any information provided by you to the same and vice versa.
9.4 No Guarantee
- Fastentix does not control the behaviour of the FastBuyer or the information provided by FastBuyer that is made available on Fastentix. Consequently, we do not provide any guarantees with regard to the Transactions undertaken by FastBuyers and FastSellers, and do not warrant:
- the existence, quality, completeness, appropriateness, safety or legality of any Product;
- the veracity of any intent to sell or purchase Product by a FastBuyer or FastSeller;
- whether a Product infringes the rights of any other third party;
- the truthfulness, accuracy or legality of any information posted by a FastSeller or a FastBuyer in respect of a Product; or
- that all Transactions will be completed.
- Any liabilities and risks relating to Transactions undertaken between a FastBuyer and a FastSeller shall be borne by the relevant parties. As such, before proceeding with any transaction on the Platform and/or Services, you must make your own independent assessment and determination regarding the statements, Product descriptions, the representations of the other party and the party’s ability to pay for or deliver the Products offered and specific terms and conditions imposed by FastSeller regarding refunds, exchanges and returns (if any).
- A minor, being a person below the age of 18, cannot purchase any Products without the consent of his parents or legal guardian. Any transaction entered into without such consent may be cancelled by Fastentix or the parents or legal guardian, as the case may be.
9.5 Placing of Order
- If you, in the capacity of a FastBuyer, place an Order to purchase a Product on the Platform and the Order is accepted by the FastSeller, you are obligated to complete the Transaction with the FastSeller and to be bound by such additional terms and conditions specified by the FastSeller on the Platform, unless:
- the Transaction is prohibited by law or this Terms of Service;
- the FastSeller materially changes the Product’s description or the Product does not conform to the FastSeller’s description; or
- a manifest error exists in the Product listing information which materially affects the terms of the sale;
- An Order may be cancelled by a FastBuyer at any time before acceptance of the said Order by the FastSeller, save in accordance to the Return & Refund Policy;
- The Platform shall notify a FastSeller of all Orders made, and upon the FastSeller’s acceptance of an Order, the status for the Transaction shall be reflected as “Preparing for Shipment”.
- Where you have submitted an Order and made full payment for the same, if a FastSeller fails to confirm acceptance of the Order within such period of time as required under the FastSeller Terms of Service you may request for the transaction to be cancelled and a refund issued pursuant to Fastentix Return and Refund Policy.
9.6 Offer and Acceptance
- For the avoidance of doubt, any and all information on this Platform, including the prices and details, constitutes an invitation to treat (an invitation for a FastBuyer to make an offer to form a contract), and is not considered a binding offer.
- Where you place an Order and make payment for a Product on the Platform you are actually making an offer to purchase the Products from the FastSeller, based on the information and description of the Product applicable at the time of purchase.
- While a FastSeller will make every effort to supply Products ordered, a FastSeller shall only be legally bound to do so when the FastSeller confirms acceptance of your offer via the Platform. An Order is deemed accepted and a binding contract is in place only when the status of an Order on the Platform is updated to “Preparing for Shipment”.
- In the event of an electronic, computer, operational and/or technical error affecting details and pricing of a Product or any promotion on the Platform, we reserve the absolute right to rectify such error and/or cancel any Transaction which has been entered into in reliance on the said error.
- You agree and understand that your remedy as a FastBuyer in the event of any cancellation made with respect to the Transaction is the refund of the amount paid by you in respect of any such cancelled Transaction. Nothing in this Terms of Service shall entitle you to further or additional compensation, and you shall have no right to insist on the completion of the Transaction and/or delivery of the Products under the Order.
9.7 Payment for Products
Fastentix makes the best effort to ensure that all details, descriptions and prices which appear on the Platform and/or Services are accurate, however there may be instances where unintentional error occurs.
Payment for Products purchased on the Platform and/or Services can be made via following methods:
(i) Credit/Debit Card;
(ii) Automatic Teller Machine (ATM) Transfer;
(iii) FastPay; or
(iv) Online Banking/FPX/Kiple;
and shall be in accordance with such terms and conditions as stated on the Platform. For the avoidance of doubt, payments made to Fastentix shall be subject to such additional terms and conditions applied by Fastentix and other any third party
In the effort to minimise the risk of unauthorised access, we encrypt your card data. Once we receive confirmation on your Order, we will request pre-authorisation on your card to ensure there are sufficient funds available therein to complete the intended Transaction. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
Kindly note that Fastentix never offers and/or allows any kind of “Cash on Delivery” as its method of payment for any Transaction.
Apart from other available payment methods, Fastentix hugely welcome the use of our very own FastPay for the purpose of your Transaction. All terms and conditions governing the use of our FastPay are provided in Fastentix FastPay Payment Policy.
Kindly note that all payments made by FastBuyer for all Transactions on the Platform and/or for the use of the Services will be debited into Fastentix Guarantee Account and will only be released to the respective Parties in accordance to terms of Distribution of Proceeds and Sales in the other relevant Terms of Service.
In the event of any cancellation or refund, the refund methods shall be dealt with in accordance with the Fastentix Return & Refund Policies.
Payment for any purchase of Products on the Platform must be made within one (1) Business Day from the date the Order is submitted. If payment is not completed within such time period, the said Order shall be automatically cancelled by the Platform system.
When making payment, you must only use payment methods that are legally available to you, and shall not fraudulently use any means of payment under another party’s name. Pursuant to the same, we reserve the right to take all such actions to review any payment Transactions and where deemed necessary, to suspend the processing of such Transactions until our investigations are complete.
As a FastBuyer, you agree to be responsible for all damages and losses suffered or sustained by the Company, the owner of such payment methods and the Seller, which arise out of any fraudulent actions discovered within the Transactions.
9.8 Delivery and performance
Fastentix aims to deliver the Products either by way of Same Day Delivery (SDD) or Normal Delivery, to you at the place of delivery requested by you in your Order and the delivery time indicated as per your Order confirmation.
We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Fastentix delivers the Products in our standard packaging and the Products are standard and not made bespoke to fit any particular requirement that you may have preferred.
All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on Fastentix in the future.
If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from Fastentix.
If deliver or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery, we may, without affecting any other right or remedy available to us, do either or both of the following:
- charge you for any fee and other costs reasonably incurred by us; or
- no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company any applicable money already paid to Fastentix under the Contract for sale, less our reasonable charges.
You hereby acknowledge that any waiver or discount off your shipping fee may apply if your net order value after returns and cancellations is above the threshold(s) set out herein.
9.9 Return. Refund and Replacement of Goods
If you are not completely satisfied with your purchase, you may return the Product to us within three (3) days of receipt. The Product shall be unused. Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable). This clause shall be read together with Fastentix Return and Refund Policy at [insert link to Fastentix Return and Refund Policy]
9.10 Exclusion and limitation of liability
- With respect of this clause, the entire provision on liability as generally provisioned in Clause 13, unless herein stated otherwise.
- In no event shall Fastetix be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of this Terms of Service, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if Fastentix has been advised of the possibility of such loss or damage.
- If any service (including but not limited to installation of any Product) is performed by any third party, Fastentix shall not be liable for any act, neglect, omission or wilful default and/or defect of such third party, regardless of whether such third party is authorised by Fastentix.
- The total liability of Fastentix to the Buyer for any an all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of any contract/conditions by Fastentix shall not in any event exceed the proce of the Product giving rise to such claims.
9.11 Products availabiity and descriptions
- Products displayed on the Platform are subject to availability.
- Fastentix allows advertisement and sales of Products on “Pre-Order Basis” however with several limitations on the mode of delivery. All Product purchased on Pre-Order Basis through the Platform shall not be available for Same Day Delivery (SDD) and will only be delivered to you when the Products become available and through Normal Delivery.
- Fastentix has made every effort to display and describe as accurately as possible the colours, sizes, dimensions, information and other attributes of Products (“Attributes”).
- However, due to the inherent limitations of electronic displays and the characteristics of certain materials, actual Attributes of individual Products may vary. Slight marks and colour/print variations should not be considered as defects or render the Product non-compliant, but are inherent characteristics of the Product.
- All Attributes given on the Fastentix Platform and Services are approximate only.
Fastentix reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Aproducts from the Platform and/or Services, or to; change its prices and specifications of any Products; deliver a Product which is similar to the Product ordered with minor difference, in which case, the FastBuyer is deemed to accepted the changes and difference if the FastBuyer accepts delivery of the “Substitute Product”.
Fastentix reserved its rights against liability for any loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss, including loss or damage suffered by FastBuyer as a result of an action brought by third party; even if such loss were reasonable foreseeable or if Fastentix had been advised by FastBuyer of the possibility of incurring the same.
You hereby agree and consent to the disclosure and/or release by Fastentix, of any information furnished by you through the Platform and/or Services relating to the Transactions, or any designated account relating to the Transactions for the purpose of investigating any claim or dispute arising out of this Terms of Service or in connection with the Transactions under the provisions of the Services which consent shall survive both the suspension of rights hereunder and the termination of this Terms of Service.
11. FEEDBACK AND REVIEW SYSTEM
11.1 Submission of Feedback
Upon purchasing a Product, you may submit your review of such Product via the feedback and review mechanism provided on the Website, which can be in the form of writing, image and/or video clip. Your feedback on the level of satisfaction with the Product as well as experience with the FastSeller will contribute to the FastSeller’s rating on the Platform.
If you submit or post a review of a Product, such review shall be made publicly available. You shall be solely responsible for your review and Fastentix is not responsible to ascertain whether any opinion expressed is true. As such, you should ensure that any review posted is fair and not unlawful.
11.2 Right to Remove Feedback
Notwithstanding the aforementioned, if Fastentix is of the view that your published review of the Product is not appropriate for public disclosure or is defamatory or likely to violate the law or breach this Terms of Service, Fastentix shall be entitled to delete such review at its sole and absolute discretion and without notice to you.
12. DISPUTES BETWEEN FASTBUYER AND OTHER PARTIES
- Fastentix and/or its affiliates shall not be involved in any dispute or claim that may arise between any Parties to any Transaction occurred in the use of the Platform and/or Services.
- You hereby agree that in the event of a dispute or claim of whatever nature arising in respect of any Transaction, the records of the Transaction available from the Platform and/or Services shall be used as a sole reference and basis of settling the aforesaid dispute. Where there be any discrepancy between the Transaction recorded by you and Fastentix and/or its affiliates, the discrepancies shall be jointly investigated by Fastentix using information from both parties whenever appropriate.
12.2 Discussions in Good Faith
In case of any disputes relating to the purchase and sale of the Products on the Platform between you and another Parties (collectively referred to as “Disputing Parties”), you shall first attempt to resolve the dispute with such Parties (“Dispute”) in good faith.
12.3 Referral of Dispute to Fastentix
Where the Disputing Parties cannot resolve their Dispute within any time periods prescribed in these Terms and Conditions and/or other policies, either you or the other Parties may submit such Dispute to Fastentix for a final determination and resolution. You agree that Fastentix shall have the full power, authority and discretion to make a final decision for such Dispute.
12.4 Decision by Fastentix
Fastentix shall review the evidence received from the Disputing Parties, and shall issue its final decision in respect of the Dispute (“Decision”), taking into consideration commonly accepted principles and practices in the relevant industries and the interests of the both parties.
You agree to abide by and be bound by the Decision and in furtherance of the same, and you expressly acknowledge and agree that Fastentix shall be entitled to, in relation to the Dispute and the Decision:
- cancel any Transaction on the Platform;
- release any funds held under the Fastentix Guarantee Account to either of the Disputing Parties (as applicable);
- temporarily or permanently suspend either or both of the Disputing Parties’ accounts on the Platform;
- temporarily or permanently remove listings of a particular Product from the Platform;
- Fastentix, of its own accord, may remove any unlawful content from a FastMerchant/FastSeller store on the Website;
- revise the rating for either or both of the Disputing Parties’ accounts on the Platform;
- cancel any Points issued; and
- carry out all such other actions deemed necessary to ensure the Decision is enforced fairly and reasonably.
Notwithstanding the aforementioned clauses, you acknowledge that Fastentix not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. Fastentix does not act as the agent of either of the Disputing Parties, but acts as facilitator for dispute resolution. Consequently, you agree not to hold Fastentix liable and shall waive any claim you may have against Fastentix in respect of the Decision and the Dispute.
The Platform and all date and/or information contained therein and/or the Services are provided on an “as available” basis without any warranties, claims or representations made by Fastentic of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
Without limiting the foregoing, Fastentix does not warrant that the Platform and/or the Services or the functions contained thereinw will be available, accessible, uninterupted, timely, secure, accurate, complete or error-free that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs, or any other harmful codes, instructions, programs and components.
In the event of a dispute between you and any Parties in relation to Products purchased on the Platform, you shall release the Fastentix from all claims, demands and damages, actual and consequential, of every kind and nature, known and unknown arising out of or in any way connected with such dispute.
Fastentix does not guarantee the quality, safety or legality of the Products, the truth or accuracy of the content or listings of FastMerchant and other Parties on the Platform or that a Party will actually complete a particular Transaction.
Fastentix cannot and does not guarantee continuous or secured access to the Platform and its services, and operation of the Platform may be affected by numerous factors outside of the Fastentix’s control.
All materials, information, software, products, services and other content contained on the Website or from a linked site, is provided to you on “as is” basis and without warranty or conditions of any kind, express or whether implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Fastentix assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information on the Platform and under no circumstances will the Fastentix be liable for any loss or damage by your reliance on information obtained through the Platform. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the Platform is solely at your own risk.
Fastentix shall not be liable to you either in tort, contract, negligence or otherwise for any loss, damage, injury or expense, howsoever arising, out of or in connection with the supply or use of the Products. Under no circumstances will Fastentix be liable for any loss of profits, loss of data or for any other special, indirect, incidental or consequential damages, whether foreseeable or unforeseeable, based on claims of any Parties or whether in action for contract, breach of warranty, tort or otherwise.
Fastentix shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this website. Specifically, you agree that fastentix is not liable or responsible for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. Specifically, you also agree that fastentix is not responsible for any content sent using the communication services and / or included in this site by any third party.
In no event shall Fastentix be liable for any special, incidental, indirect, or consequential or punitive damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, including without limitation, those resulting either directly or indirectly from:
- Any access, use and/or inability to use the Platform or the Services;
- Reliance on any data or information made available through the Platform and/or though the Services. You should not act on such data or information without first independently verifying its contents;
- Any system, server or connection failure, error, omission, interuption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros;
- Any use of or access to any other website or webpage linked to the Platform, even if we or out officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibillity of the same;
- Reliance on the materials presented;
- Costs of replacement products;
- Loss of use, data or profits;
- Delays or business interruptions;
- Negligence; and/or
- Any theory of liability, out of or in arising connection with the use of inability or to use this Platform, whether or not Fastentix has been advised of the possibility of such damages.
You may link to our Home Page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where non exists.
You are strictly restricted from establish a link from any Platform that is not owned by you. Fastentix reserves sole right to withdraw linking permission without prior notice.
You hereby indemnify and hold Fastentix, and our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand or damages, including all attorneys’ fees incurred or to be incurred, as a result of any claims, demands or proceedings, by any third party due to or arising out of your breach of this Terms of Service and/or other relevant Terms of Services and Policies (as the case may be), or your violation of any law or the rights of a third party.
16. NO WARRANTIES
You will not hold the Fastentix responsible for other Parties’ content, actions or inactions, or Products listed by Parties, including content they post on the Platform and/or in relation to the Services.
You understand and agree that Transactions between you and Parties on the Platform are deemed to be private contractual arrangements between you and such Parties, and Fastentix is not a party to, and does not represent the Parties or you in such transactions. Fastentix is only responsible for operating and managing the Fastentix and making reasonable efforts in order to maintain efficient Services on the Platform.
Fastentix and the Platform have no control over and do not guarantee the quality, safety or legality of Products advertised, the truth or accuracy of Parties content or listings, the ability of any Party to sell or purchase Products or that any Transaction will be successfully completed.
Fastentix and the Platform does not transfer legal ownership of Products from a FastMerchant/FastSeller to a FastBuyer. Unless a FastBuyer and FastMerchant/FastSeller agrees otherwise, FastBuyer will become the Product’s lawful owner upon physical receipt of the Product from FastMerchant/FastSeller.
Fastentix cannot guarantee continuous or secured access to the Services, and operation of the Platform may be interfered with by numerous factors outside of the Fastentix control.
If a you have a dispute with one or more Parties, you hereby release Fastentix and our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Accordingly, to the extent that is legally permitted, Fastentix excludes all implied warranties, terms and conditions. Fastentix is not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Platform and/or Services.
All materials, information, software, products, services and other content contained in the website, or from a linked site is provided to you “as is” without warranty or conditions of any kind, express or whether implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Fastentix has made reasonable efforts to post current and accurate information on this website; however, Fastentix assumes no responsibility for any errors, inaccuracies or omissions whatsoever in the information provided in this website.
Under no circumstances will Fastentix be liable for any loss or damage to the Parties caused by reliance on information obtained through this Platform. It is the Parties’ responsibility to evaluate the accuracy, completeness or usefulness of any information provided and use of this Platform is solely at your own risk.
17. ACCESS AND INTERFERENCE
The Platform contains robot exclusion headers. Most of the information on the Platform is updated on a real time basis and is proprietary or is licensed to the Fastentix by the Platform/Parties and/or third parties. You agree not to use any robot, spider, scraper or other automated means to access the Platform for any purpose without the prior written permission from the Fastentix.
Additionally, you agree that you will not:
- take any action that imposes or may impose, in the Fastentix’s sole and absolute discretion, an unreasonable or disproportionately large load on the Platform infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content, except for your own information and reference, from the Platform without the prior written permission of the Fastentix;
- interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; or
- bypass the Fastentix robot exclusion headers or any other measures we may use to prevent or restrict access to the Platform.
You are strictly prohibited from misusing our Platform and/or Services. You hereby agree to not use any automated system or software to extract data from the Platform and/or Services for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan house, worm, logic bomb or post any other material on the Platform and/or Services
19. INTELLECTUAL PROPERTY
All intelectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all website design, including, but not limited to, text, graphics, software, photos, video. Music, sound and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates’ or third party intellectual property owners. The entire contents of the Platform are also protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
No part of or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, seperated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party assessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and/or non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other propriety notices contained in the Materials.
This clause extends to regulate Fastentix rights over any software provided to you as part of the Platform and/or Services. Fastentix reserves all rights to the software not expressly granted by Fastentix hereunder. Any third
You hereby agrees to indemnify and hold Fastentix and its affiliates harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses, and/or expenses that Fastentix and/or its affiliates may be subject to, directly or indirectly dis to or arising out of:
- Any use of the Platform and/or Services;
- Your connection to the Platform;
- Your breach of any terms and conditions of these Platform and/or Services;
- Your violation of any rights of another person or entity; or
- Your breach of any statutory requirement, duty or law.
This Terms of Service constitutes the entire Term of Service between the Parties concerning the subject matter of this Terms of Service and supersedes all prior negotiations, arrangements, and/or understandings either oral or written between the Parties.
If any provision herein is deemed by any tribunal or court of competent jurisdiction to be illegal, invalid or unenforceable under any applicable law or otherwise it shall, to the extent required by such law and subject to the Fastentix Terms of Service, be severed from this Fastentix Terms of Service and rendered ineffective so far as is possible without affecting the legality, validity and enforceability of the remaining provisions of this Terms of Service.
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with this Terms of Service or any Transactions or all or any of your rights or obligations under this Terms of Service and/or any other policies related herein.
Nothing in this Terms of Service shall create or be deemedd to create a partnership, an agency or a relationship of employer and employee between you and Fastentix and/or its affiliates.
25. THIRD PARTY RIGHTS
No person who is not a party to this Terms of Service and/or Contract for Sale shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on such term or has indicated to any party to this Terms of Service and/or Contract for Sale its assent to any such term.
26. GOVERNING LAWS
This Terms of Service and/or the Contract for Sale shall be governed by and construed under the laws of Malaysia. Any dispure, controversy, claim or difference of any kind whatsoever arising between the Parties under this Terms of Service shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. There will be one (1) arbitrator and the language of the arbitration shall be English. Both Parties agree that Part III of the Arbitration Act 2005 shall not apply to this Terms of Service or the arbitration proceedings arising out of this Terms of Service.
Any failure and/or delay on the part of any Parties to this Terms of Service in exercising any right or power contained herein does not operate as a waiver of that right or power and does not preclude the future exercise of that right or power.
Unless otherwise provided herein or agreed to in writing by the Parties hereto, all notices or other communications to or upon Fastentix and/or its affiliates shall be sifficiently served if delivered at or sent by registered post by either party to the other at the address above stated or the address of the registered office recorded with the Companies Commission of Malaysia (“SSM”) and shall be deemed to have been served in the case of a notice delivered by hand on the day of the delivery, in the case of a notice served by registered post on the day following that on which notice was posted and in the case of a notice served by email on the day of the email.
29. FORCE MAJEURE
Fastentix shall not be made liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation to:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, exploasion, storm, flood, earthquake, shipping, aircraft, subsidence, pandemic, epidemic or other natural disaster;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
In the event that the Force Majeure event lasts for more than one week, either you or Fastentix may terminate the Contract forthwith by written notice and without any liabiliy other than a refund of a Product already paid for by your and not delivered.
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fulfilling our commitment to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
Fastentix reserves absolute discretion on the solution we adopt in fully meeting our commitment under the Contract despite the Force Majeure event.
Fastentix reserves the right to amend this Terms of Service and our policies herein mentioned at any time at its sole discretion without prior notice. All amendement to this Terms of Service of its affiliated policies will be posted on the Platform and be effective immediately. You acknowledge that your continued use of the Platform constitutes acceptance of the amended Terms of Service.