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Terms Of Service


1. INTRODUCTION

1.1. Welcome to the NUKO MANUFACTURING (M) SDN BHD platform (the " Market Place "). Please read the following Terms of Service carefully before using this Site or opening a NUKO MANUFACTURING (M) SDN BHD account ("Account") so that you are aware of your legal rights and obligations with respect to NUKO MANUFACTURING (M) SDN BHD (Company Registration No.1242426-M]and its   affiliates and subsidiaries (individually and collectively, "we", "us" or "our"). The "Services" we provide or make available include (a) the Market Place , (b) the services provided by the Market Place and by NUKO MANUFACTURING (M) SDN BHD client software made available through the Market Place, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Market Place or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by NUKO MANUFACTURING (M) SDN BHD.

 
1.2 .The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“NUKO MANUFACTURING (M) SDN BHD”) (collectively “you”, “Users” or “Parties”). Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. NUKO MANUFACTURING (M) SDN BHD may or may not pre-screen Users or the Content or information provided by Users. NUKO MANUFACTURING (M) SDN BHD reserves the right to remove any Content or information posted by you on the Market Place in accordance to Section 6.4 herein. NUKO MANUFACTURING (M) SDN BHD cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Market Place, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto. 

1.4 NUKO MANUFACTURING (M) SDN BHD reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. NUKO MANUFACTURING (M) SDN BHD may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. NUKO MANUFACTURING (M) SDN BHD may also impose limits on certain features or restrict your access to parts of, or the entire, Market Place or Services in its sole discretion and without notice or liability. 

1.5 NUKO MANUFACTURING (M) SDN BHD reserves the right to refuse to provide you access to the Market Place or Services or to allow you to open an Account for any reason.

BY USING NUKO MANUFACTURING (M) SDN BHD SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. 

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2. PRIVACY

2.1Your privacy is very important to us at NUKO MANUFACTURING (M) SDN BHD. To better protect your rights we have provided the NUKO MANUFACTURING (M) SDN BHD Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how NUKO MANUFACTURING (M) SDN BHD collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:

(i) consent to NUKO MANUFACTURING (M) SDN BHD 's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and NUKO MANUFACTURING (M) SDN BHD; and

(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without NUKO MANUFACTURING (M) SDN BHD’s prior written consent.

2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

3. LIMITED LICENSE

3.1 NUKO MANUFACTURING (M) SDN BHD grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Market Place are the property of NUKO MANUFACTURING (M) SDN BHD and where applicable, third party proprietors identified in the Market Place. No right or license is granted directly or indirectly to any party accessing the Market Place to use or reproduce any Intellectual Property, and no party accessing the Market Place shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Market Place and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with NUKO MANUFACTURINGN (M) SDN BHD. You acknowledge that NUKO MANUFACTURING (M) SDN BHD may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

4. SOFTWARE

Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. NUKO MANUFACTURING (M) SDN BHD reserves all rights to the software not expressly granted by NUKO MANUFACTURING (M) SDN BHD hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by NUKO MANUFACTURING (M) SDN BHD.

5. ACCOUNTS AND SECURITY

5.1Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that NUKO MANUFACTURING (M) SDN BHD, in its sole discretion, finds offensive or inappropriate, NUKO MANUFACTURING (M) SDN BHD has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. NUKO MANUFACTURING (M) SDN BHD has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Market Place, (c) immediately notify NUKO MANUFACTURING (M) SDN BHD of any unauthorized use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. NUKO MANUFACTURING (M) SDN BHD will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

5.3 You agree that NUKO MANUFACTURING (M) SDN BHD may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that NUKO MANUFACTURING (M) SDN BHD deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or (g) behavior that is harmful to other Users, third parties, or the business interests of NUKO MANUFACTURING (M) SDN BHD. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, NUKO MANUFACTURING (M) SDN BHD may terminate your Account immediately with or without notice.

5.4 Users may terminate their Account if they notify NUKO MANUFACTURING (M) SDN BHD in writing of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact NUKO MANUFACTURING (M) SDN BHD after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. NUKO MANUFACTURING (M) SDN BHD shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by NUKO MANUFACTURING (M) SDN BHD.

5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time. 

6. TERM OF USE

6.1The license for use of this Market Place and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, NUKO MANUFACTURING (M) SDN BHD may effect such termination with or without notice to you.

6.2 You agree not to: 

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy; 

(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Market Place to harm minors in any way; 

(d) use the Market Place or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; 

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; 

(f) remove any proprietary notices from the Site; 

(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Market Place without the express permission of NUKO MANUFACTURING (M) SDN BHD; 

(h) use the Market Place for the benefit of any third party or any manner not permitted by the licenses granted herein; 

(i) use the Market Place or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive; 

(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

(k) access the NUKO MANUFACTURING (M) SDN BHD platform, open a user account, or otherwise access your user account using any non-official NUKO MANUFACTURING (M) SDN BHD hardware, software including but not limited to an emulator, simulator, bot or other similar hardware or software; 

(l) manipulate the price of any item or interfere with other User's listings; 

(m) take any action that may undermine the feedback or ratings systems;

(n) attempt to decompile, reverse engineer, disassemble or hack the Market Place (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by NUKO MANUFACTURINGN (M) SDN BHD with respect to the Services and/or data transmitted, processed or stored by NUKO MANUFACTURING (M) SDN BHD; 

(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information; 

(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 

(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorized form of solicitation; 

(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment; 

(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Market Place are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges; 

(u) interfere with, manipulate or disrupt the Market Place or servers or networks connected to the Market Place or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; 

(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Market Place or the servers or networks connected to the Market Place;

(w) use the Market Place to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism; 

 

(x) use the Market Place in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury; 

(y) use the Market Place to violate the privacy of others or to "stalk" or otherwise harass another; 

(z) infringe the rights of NUKO MANUFACTURING (M) SDN BHD, including any intellectual property rights and any passing off of the same thereof;

(aa) use the Market Place to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Market Place in a manner which will infringe the intellectual property rights of others.

6.3 You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will NUKO MANUFACTURING (M) SDN BHD be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

6.4 You acknowledge that NUKO MANUFACTURING (M) SDN BHD and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, NUKO MANUFACTURING (M) SDN BHD and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by NUKO MANUFACTURING (M) SDN BHD or submitted to NUKO MANUFACTURING (M) SDN BHD, including, without limitation, information in NUKO MANUFACTURING (M) SDN BHD Forums and in all other parts of the Site.

6.5 You acknowledge, consent to and agree that NUKO MANUFACTURINGN (M) SDN BHD may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over NUKO MANUFACTURING (M) SDN BHD or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of NUKO MANUFACTURING (M) SDN BHD, its Users and/or the public.

 

7. VIOLATION OF OUR TERMS OF SERVICE

7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

− Listing deletion

− Limits placed on Account privileges 

− Account suspension and subsequent termination

− Criminal charges 

− Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2 If you believe a User on our Site is violating these Terms of Service, please contact. NUKO MANUFACTURING (M) SDN BHD

8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1 The Users are independent individuals or businesses and they are not associated with NUKO MANUFACTURING (M) SDN BHD in any way. NUKO MANUFACTURING (M) SDN BHD is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.

8.2 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorized by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email and provide us the documents requested to support your claim. Do allow us time to process the information provided. NUKO MANUFACTURINGN (M) SDN BHD will respond to your complaint as soon as practicable.

8.3 Complaints under this Section 8 must be provided in the form prescribed by NUKO MANUFACTURING (M) SDN BHD, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow NUKO MANUFACTURING (M) SDN BHD to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorized by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorized to act on IPR Owner’s behalf to the complaint.

 





 

9. PURCHASE AND PAYMENT

9.1 NUKO MANUFACTURING (M) SDN BHD supports one or more of the following payment methods in each country it operates in:

(i) Credit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. 

(ii) Cash on Delivery (COD) 
NUKO MANUFACTURING (M) SDN BHD provides COD services in selected areas. Buyers may pay cash directly to the deliver agent upon their receipt of the purchased item.

(iii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated NUKO MANUFACTURING (M) SDN BHD Guarantee Account (as defined in Section 11). Buyer must provide NUKO MANUFACTURING (M) SDN BHD with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in NUKO MANUFACTURING (M) SDN BHD’s app as payment confirmation. If payment confirmation is not received by NUKO MANUFACTURING (M) SDN BHD within three (3) days, Buyer’s order will be cancelled.

9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.

9.3 NUKO MANUFACTURING (M) SDN BHD takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

9.4 At the moment, NUKO MANUFACTURING (M) SDN BHD is only able to make payment to Users via bank transfer. Hence, Users are required to provide NUKO MANUFACTURINGN (M) SDN BHD with his/her banking details in order to receive payments i.e. from the sale of item or refund from NUKO MANUFACTURING (M) SDN BHD.

10. NUKO MANUFACTURING (M) SDN BHD GUARANTEE

10.1 NUKO MANUFACTURING (M) SDN BHD Guarantee is a service provided by NUKO MANUFACTURING (M) SDN BHD or its authorized agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by NUKO MANUFACTURING (M) SDN BHD or its authorized agent (“NUKO MANUFACTURINGN (M) SDN BHD Guarantee Account”).

 
10.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in NUKO MANUFACTURING (M) SDN BHD Guarantee Account until:

(a) Buyer sends confirmation to NUKO MANUFACTURING (M) SDN BHD that Buyer has received his/her goods, in which case, unless 10.2(d) applies, NUKO MANUFACTURING (M) SDN BHD will release Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in NUKO MANUFACTURING (M) SDN BHD Guarantee Account to Seller;

NUKO MANUFACTURING (M) SDN BHD Guarantee is only offered to Buyers who have made payment through the channels provided by NUKO MANUFACTURING (M) SDN BHD into NUKO MANUFACTURING (M) SDN BHD Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under NUKO MANUFACTURING (M) SDN BHD Guarantee. 

10.3 Payments made through NUKO MANUFACTURING (M) SDN BHD channels will be held in the NUKO MANUFACTURING (M) SDN BHD Guarantee Account for a specified period of time (the “NUKO MANUFACTURING (M) SDN BHD Guarantee Period”). To find out more about the NUKO MANUFACTURING (M) SDN BHD Guarantee Period, please click this LINK . Buyer may apply for a one-time extension of NUKO MANUFACTURING (M) SDN BHD Guarantee Period prior to the expiry of the applicable NUKO MANUFACTURING (M) SDN BHD Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, NUKO MANUFACTURING (M) SDN BHD Guarantee Period may be extended for a maximum period of three (3) days unless NUKO MANUFACTURING (M) SDN BHD in its sole discretion determines that a longer extension is appropriate or required.

10.4 If, for any reason, the Supplier's bank account cannot be credited and/or the Suppliers cannot be contacted, NUKO MANUFACTURING (M) SDN BHD will use reasonable endeavors to contact the Suppliers using the contact details provided by him/her.  In the event that the Suppliers cannot be contacted for more than twelve (12) months after the become due to the Suppliers and the Buyer’s Purchase Monies remain unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.

10.5 NUKO MANUFACTURING (M) SDN BHD may require Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Buyer hereby grants NUKO MANUFACTURING (M) SDN BHD his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, Buyer authorizes NUKO MANUFACTURING (M) SDN BHD to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank. For more information in relation to how NUKO MANUFACTURING (M) SDN BHD handles your personal information, please visit our Privacy Policy page.

 

10.6 The NUKO MANUFACTURING (M) SDN BHD Guarantee is in addition and without limitation to Buyer’s and Supplier’s obligations under applicable law, which may go above and beyond what is provided for by the NUKO MANUFACTURING (M) SDN BHD Guarantee. The NUKO MANUFACTURING (M) SDN BHD Guarantee is neither intended nor designed to assist Buyer or Suppliers in complying with its own legal obligations, for which each party will remain solely responsible, and NUKO MANUFACTURING (M) SDN BHD accepts no liability in connection with the same. Without limitation, the NUKO MANUFACTURING (M) SDN BHD Guarantee does not constitute a product warranty.

10.7 Buyer and Suppliers acknowledge and agree that NUKO MANUFACTURING (M) SDN BHD’s decision (including any appeals) in respect of and relating to any issues concerning the NUKO MANUFACTURING (M) SDN BHD Guarantee is final.

10.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by NUKO MANUFACTURING (M) SDN BHD Guarantee.

 

11. DELIVERY

11.1 NUKO MANUFACTURING (M) SDN BHD will inform Supplier when NUKO MANUFACTURING (M) SDN BHD receives Buyer’s Purchase Monies. Unless otherwise agreed with NUKO MANUFACTURING (M) SDN BHD, Suppliers should then make the necessary arrangements to replace stock for NUKO MANUFACTURING (M) SDN BHD .
 

11.2 NUKO MANUFACTURING (M) SDN BHD must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, the NUKO MANUFACTURING (M) SDN BHD Guarantee Period or the time period specified (for offline payment).


11.3 Users understand that NUKO MANUFACTURING (M) SDN BHD bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the   purchased item(s). In the event where the purchased item(s) is damaged lost or failure of delivery during the course of delivery. 


11.4 For Cross-Border Transaction. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Suppliers based outside of Malaysia, and  the importation and exportation of such product is subject to local laws and regulations. Users should familiarize themselves with all import and export restrictions that apply to the designating country.  Users acknowledge that NUKO MANUFACTURING (M) SDN BHD cannot provide any legal advice in this regard and agrees that NUKO MANUFACTURING (M) SDN BHD shall not bear any risks or liabilities associated with the import and export of such products to Malaysia. 

 

12. CANCELLATION, RETURN AND REFUND

12.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into NUKO MANUFACTURING (M) SDN BHD Guarantee Account.

12.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of NUKO MANUFACTURING (M) SDN BHD Guarantee Period, if applicable, subject to and in accordance with NUKO MANUFACTURING (M) SDN BHD’s Refunds and Return Policy. Please refer to NUKO MANUFACTURING (M) SDN BHD’s Refunds and Return Policy for further information.

12.3 NUKO MANUFACTURING (M) SDN BHD reserves the right to cancel any transaction on the Market Place and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into NUKO MANUFACTURING (M) SDN BHD Guarantee Account.

12.4 NUKO MANUFACTURING (M) SDN BHD does not monitor the cancellation, return and refund process for offline payment.

13. SUPPLIER’S RESPONSIBILITIES

13.1 SUPPLIER shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Supplier’s listing and shall not post inaccurate or misleading information.

13.2 The price of items for sale will be determined by the Supplier at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Supplier shall not charge Buyer such amount additionally and separately. 

13.3 Supplier agrees that NUKO MANUFACTURING (M) SDN BHD may at its discretion engage in promotional activities to induce transactions between Buyer and Supplier by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.

13.4 For the purpose of promoting the sales of the items listed by Supplier, NUKO MANUFACTURING (M) SDN BHD may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by NUKO MANUFACTURING (M) SDN BHD. 

13.5 Supplier acknowledges and agrees that Supplier will be responsible for paying all taxes, customs and duties for the item sold and NUKO MANUFACTURING (M) SDN BHD cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Suppliers are advised to seek professional advice if in doubt.
 

13.6 Suppliers acknowledge and agrees that Supplier’s violation of any of NUKO MANUFACTURING (M) SDN BHD’s polices will result in a range of actions as stated in Section 7.1.

 


14. PAID ADVERTISING

14.1 NUKO MANUFACTURING (M) SDN BHD will be launching keyword advertising and/or other advertising services (hereinafter referred to as "Paid Advertising") on its Paid Advertising Site on an ongoing basis. Suppliers may purchase the Paid Advertising services. NUKO MANUFACTURING (M) SDN BHD provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Site, the Paid Advertising Site or otherwise communicated to Suppliers in writing (hereinafter referred to as the "Paid Advertising Rules"). Suppliers who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules. If you are not agreeable to being bound by the Paid Advertising Rules, do not buy any Paid Advertising Services.

14.2 In order to purchase Paid Advertising services, you must be an eligible Supplier under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising Services, your Account must not be suspended.

14.3 You may purchase Paid Advertising services by purchasing advertising credits on the Paid Advertising Site (“Advertising Credits”), and fees payable for the Paid Advertising services will be deducted from the Advertising Credits on a pay-per-click basis, as determined by NUKO MANUFACTURING (M) SDN BHD. All Advertising Credits will be subject to goods and services tax. Except as otherwise provided in the applicable Paid Advertising Rules, you may not cancel the order and/or request for a refund after you have purchased Advertising Credits and completed the payment process. NUKO MANUFACTURING (M) SDN BHD will provide an electronic invoice for Paid Advertising services purchased on a monthly basis and Sellers are to ensure that a correct and working e-mail address is provided for receiving such invoices. The invoice will contain the name and address provided by you, the amount of Advertising Credits purchased and the remaining balance of your Advertising Credits as at the date of the invoice.

14.4 You have the option to purchase the Paid Advertising service at the time you list an item for sale or subsequently. When you purchase the Paid Advertising service, you may 1) manage the Paid Advertising service yourself or 2) authorize NUKO MANUFACTURING (M) SDN BHD to manage the Paid Advertising service for you. In both cases, you may set different budgets, keywords, marketing periods, etc. for each item in accordance with the Paid Advertising Rules. You may also choose to have your Advertising Credits automatically topped up via your NUKO MANUFACTURING (M) SDN BHD Wallet (“Advertising Credits Top Up Feature”) if your Advertising Credits balance falls below an amount set by you (“Advertising Credits Minimum Amount”).  When activating the Advertising Credits Top Up Feature, you may choose the Advertising Credits Minimum Amount and the amount of top up, and you consent to the debit of your NUKO MANUFACTURING (M) SDN BHD Wallet in accordance with Section 10 of these Terms of Service.   The Paid Advertising service for each item will be activated and will expire on the respective dates set by you or NUKO MANUFACTURING (M) SDN BHD (the “Paid Advertising Period”). You will not be entitled to transfer the remaining Paid Advertising Period or Advertising Credits to other items if an item is sold or unlisted during the Paid Advertising Period you or NUKO MANUFACTURING (M) SDN BHD set (based on your instructions) for that item. The Advertising Credits will also not be refunded.

14.5 Where you have authorized NUKO MANUFACTURING (M) SDN BHD to manage the Paid Advertising service for you, you understand and agree to indemnify, defend and hold harmless NUKO MANUFACTURINGN (M) SDN BHD from and against any and all losses which may be sustained, instituted, made or alleged against or suffered or incurred by NUKO MANUFACTURING (M) SDN BHD and which arises (whether directly or indirectly) out of, in the course of or in connection with NUKO MANUFACTURING (M) SDN BHD accessing your Seller’s account and/or executing your instructions, for the purpose of managing the Paid Advertising service on your behalf.

14.6 The goods you list on the Market Place must comply with all relevant laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that NUKO MANUFACTURING (M) SDN BHD has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid or Advertising Credits you have used in relation to any listing removed pursuant to this Section 16.6 will not be refunded. NUKO MANUFACTURING (M) SDN BHD will also not be liable to compensate you for any loss whatsoever in relation to listings removed pursuant to this Section 16.6. 
 

14.7 You understand and agree that NUKO MANUFACTURING (M) SDN BHD does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services.

14.8 You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules, NUKO MANUFACTURING (M) SDN BHD shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Advertising service.

14.9 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, NUKO MANUFACTURING (M) SDN BHD IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID ADVERTISING SERVICE IN QUESTION ONLY.

15. PURCHASE AND SALE OF ALCOHOL

15.1 The purchase and sale of alcoholic products (“Alcohol”) on the Site is permitted by NUKO MANUFACTURING (M) SDN BHD subject to the terms and conditions of this Section 17. If you are a buyer of Alcohol (“Alcohol Buyer”), you will be deemed to have consented to the terms and conditions in this Section 17 when you purchase Alcohol on the Site. Similarly, if you are an approved seller of Alcohol (“Alcohol Seller”), you will be deemed to have consented to the terms and conditions in this Section 17 when you sell Alcohol on the Site.

15.2 If you are an Alcohol Buyer:

(i) you represent and warrant that you and (if applicable) the person receiving the Alcohol (“Recipient”) are (i) aged 21 or above; (ii) are not Muslim or otherwise prohibited from buying Alcohol under any law, regulation or religion; and (iii) understand the following: “MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”; and 

(ii) if requested by an Alcohol Seller or NUKO MANUFACTURING (M) SDN BHD (or its agents), you and/or the Recipient shall provide photo identification for age verification purposes.

15.3 If you are an Alcohol Supplier, you represent and warrant that: 

(i) you are not Muslim or otherwise prohibited from selling Alcohol under any law, regulation or religion;

(ii) you hold all necessary licences and/or permits to sell Alcohol through the Site, and shall provide a copy of such licences and/or permits and supporting documents to NUKO MANUFACTURING (M) SDN BHD immediately upon request for verification purposes; and

(iii) all information and documents provided to NUKO MANUFACTURINGN (M) SDN BHD are true and accurate.


15.4 When delivering Alcohol to an Alcohol Buyer:

(i) the delivery agent reserves the right to request for valid photo identification for age verification purposes; and

(ii) NUKO MANUFACTURING (M) SDN BHD (via the delivery agent) reserves the right to refuse the delivery of Alcohol if the Alcohol Buyer and/or the Recipient appears intoxicated or is unable to provide valid photo identification for age verification purposes.

15.5 Each Alcohol Buyer and Alcohol Supplier severally agrees to indemnify, defend and hold harmless NUKO MANUFACTURING (M) SDN BHD, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any inaccuracy or breach of its representations in Section 17.2 and/or Section 17.3 (as applicable); and (b) its breach of any law or any rights of a third party.
 

16.     TRANSACTION FEES 

16.1   Payments made through NUKO MANUFACTURING (M) SDN BHD channels will be held in the NUKO MANUFACTURING (M) SDN BHD Guarantee Account for a specified period of time (1 month) before release to vendors. NUKO MANUFACTURING (M) SDN BHD charges a fee for all successful transactions completed on the Site (“Transaction Fee”). The Transaction Fee is borne by the vendors, and is calculated at twenty five (25%) of the Buyer’s Purchase Monies, rounded up to the nearest cent.  The Transaction Fee is subject to SST (“Tax Amount”), and the vendors is responsible for such Tax Amount. NUKO MANUFACTURING (M) SDN BHD will release payment to vendor total sales each month either from B2C or B2B by 1st week of the following month.

16.2   For vendors located outside of Malaysia, NUKO MANUFACTURING (M) SDN BHD charges a fee for all successful transactions completed on the Site (“Cross Border Fee”). The Cross Border Fee is borne by the vendors, and is calculated according to the rates as notified to such vendors from time to time on the Site. 

16.3   Following the successful completion of a transaction, NUKO MANUFACTURING (M) SDN BHD shall deduct the Transaction Fee and the Tax Amount, and the Cross Border Fee (as applicable) from the Buyer’s Purchase Monies, and remit the balance to the vendor. NUKO MANUFACTURING (M) SDN BHD shall issue receipts or tax invoices for the Transaction Fee and Tax Amount paid by vendors on request. 


 

17. DISPUTES

17.1 In the event a problem arises in a transaction, the Buyer and NUKO MANUFACTURING (M) SDN BHD agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which NUKO MANUFACTURING (M) SDN BHD shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

17.2 Each Buyer and Supplier covenants and agrees that it will not bring suit or otherwise assert any claim against NUKO MANUFACTURING (M) SDN BHD or its Affiliates (except where NUKO MANUFACTURING (M) SDN BHD or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.

17.3 Users covered under NUKO MANUFACTURING (M) SDN BHD Guarantee may send written request to NUKO MANUFACTURING (M) SDN BHD to assist them in resolving issues which may arise from a transaction upon request. NUKO MANUFACTURING (M) SDN BHD may, at its sole discretion and with absolutely no liability to Supplier and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to NUKO MANUFACTURING (M) SDN BHD’s Refunds and Return Policy.

17.4 To be clear, the services provided under this Section 19 are only available to Buyers covered under NUKO MANUFACTURING (M) SDN BHD Guarantee. Buyer using other payment means for his/her purchase should contact Supplier directly.

18. FEEDBACK

18.1 NUKO MANUFACTURING (M) SDN BHD welcomes information and feedback from our Users which will enable NUKO MANUFACTURING (M) SDN BHD to improve the quality of service provided. Please refer to our feedback procedure below for further information:

(i) Feedback may be made in writing through email to or using the feedback form found on the App.

(ii) Anonymous feedback will not be accepted.

(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

(iv) Vague and defamatory feedback will not be entertained.

19. DISCLAIMERS

19.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY NUKO MANUFACTURING (M) SDN BHD OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOPEE DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE 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 OR COMPONENTS.

19.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

19.3 NUKO MANUFACTURING (M) SDN BHD HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SUPPLIERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE NUKO MANUFACTURING (M) SDN BHD AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

20. EXCLUSIONS AND LIMITATIONS OF LIABILITY

20.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUKO MANUFACTURING (M) SDN BHD BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF NUKO MANUFACTURING (M) SDN BHD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

20.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, NUKO MANUFACTURING (M) SDN BHD IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE NUKO MANUFACTURING (M) SDN BHD GUARANTEE; 


20.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NUKO MANUFACTURING (M) SDN BHD’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF SHOPEE THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

 

21. LINKS TO THIRD PARTY SITES

Third party links provided throughout the Market Place will let you leave this Market Place. These links are provided as a courtesy only, and the sites they link to are not under the control of NUKO MANUFACTURING (M) SDN BHD in any manner whatsoever and you therefore access them at your own risk. NUKO MANUFACTURING (M) SDN BHD is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. NUKO MANUFACTURING (M) SDN BHD is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by NUKO MANUFACTURING (M) SDN BHD of any linked site and/or any of its content therein.

22. YOUR CONTRIBUTIONS TO THE SERVICES 

 

22.1 By submitting Content for inclusion on the Market Place, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses to NUKO MANUFACTURING (M) SDN BHD. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Market Place, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant NUKO MANUFACTURING (M) SDN BHD and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Market Place in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the market Place (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

22.2 Any Content, material, information or idea you post on or through the Market Place, or otherwise transmit to NUKO MANUFACTURING (M) SDN BHD by any means (each, a "Submission"), is not considered confidential by NUKO MANUFACTURING (M) SDN BHD and may be disseminated or used by NUKO MANUFACTURING (M) SDN BHD without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to NUKO MANUFACTURING (M) SDN BHD, you acknowledge and agree that NUKO MANUFACTURING (M) SDN BHD and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant NUKO MANUFACTURING (M) SDN BHD and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Market Place (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Market Place.

23. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

23.1 Each contributor to the Market Place of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, NUKO MANUFACTURING (M) SDN BHD is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold NUKO MANUFACTURING (M) SDN BHD responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

23.2 In addition, the Market Place may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by NUKO MANUFACTURING (M) SDN BHD. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. NUKO MANUFACTURING (M) SDN BHD has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Market Place, you agree that NUKO MANUFACTURING (M) SDN BHD shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that NUKO MANUFACTURINGN (M) SDN BHD may disable your use of, or remove, any third party links, or applications on the Market Place to the extent they violate these Terms of Service.

24. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

25. FRAUDULENT OR SUSPICIOUS ACTIVITY

If NUKO MANUFACTURING (M) SDN BHD, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect NUKO MANUFACTURING (M) SDN BHD, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

 

(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

(b) We may suspend your eligibility for NUKO MANUFACTURING (M) SDN BHD Guarantee;

(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to NUKO MANUFACTURING (M) SDN BHD;

(d) We may refuse to provide the Market Place to you now and in the future;

(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to NUKO MANUFACTURING (M) SDN BHD or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

For the purposes of this Section:

"Chargeback" means a request that a Buyer files directly with his or her debit or credit card company  or debit or credit card issuing bank to invalidate a payment.

"Claim" means a challenge to a payment that a Buyer or Supplier files directly with NUKO MANUFACTURINGN (M) SDN BHD.

"Reversal" means the reversal of a payment by NUKO MANUFACTURING (M) SDN BHD because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by NUKO MANUFACTURING (M) SDN BHD, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other NUKO MANUFACTURING (M) SDN BHD policy, or (e) NUKO MANUFACTURING  (M) SDN BHD decided a Claim against you.

26. INDEMNITY

You agree to indemnify, defend and hold harmless NUKO MANUFACTURING (M) SDN BHD, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where NUKO MANUFACTURING (M) SDN BHD or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the NUKO MANUFACTURING (M) SDN BHD Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of NUKO MANUFACTURING (M) SDN BHD, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.

27. SEVERABILITY

If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

 

28. GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of MALAYSIA without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to NUKO MANUFACTURING (M) SDN BHD or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in MALAYSIA in accordance with the Arbitration Rules of the Asian International Arbitration Centre (Malaysia) (“AIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English. 

29. GENERAL PROVISIONS

29.1 NUKO MANUFACTURING (M) SDN BHD reserves all rights not expressly granted herein.

29.2 NUKO MANUFACTURING (M) SDN BHD may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service. 

29.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

29.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and NUKO MANUFACTURING (M) SDN BHD, nor does it authorize you to incur any costs or liabilities on NUKO MANUFACTURING (M) SDN BHD’s behalf. 

29.5 The failure of NUKO MANUFACTURING (M) SDN BHD at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

29.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for NUKO MANUFACTURING (M) SDN BHD's affiliates and subsidiaries (and each of NUKO MANUFACTURING (M) SDN BHD 's and its affiliates' and subsidiaries' respective successors and assigns).

29.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

29.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

 

29.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: 04-390 9100

LEGAL NOTICES: Please send all legal notices smebizz2020@gmail.com and Attention it to the “General Counsel”.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

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