TERMS OF SERVICE
1. INTRODUCTION
1.1 Welcome to the BOSSREC (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a BOSSREC account ("Account") so that you are aware of your legal rights and obligations with respect to BOSSREC SOLUTION SDN BHD(Company Registration No. 202101043944 [1444244-A] and its affiliates and subsidiaries (individually and collectively, "BOSSREC", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by BOSSREC client software made available through the Site, 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 Site 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 BOSSREC.
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 Vendor (“Vendor”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Vendor and BOSSREC is not a party to that or any other contract between Buyer and Vendor and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. BOSSREC is not involved in the transaction between Users. BOSSREC may or may not pre-screen Users or the Content or information provided by Users. BOSSREC reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. BOSSREC cannot ensure that Users will actually complete a transaction.
1.3 Before becoming a User of the Site, 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 here to.
1.4 BOSSREC 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. BOSSREC 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. BOSSREC may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.5 BOSSREC reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING BOSSREC 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
2.1 Your privacy is very important to us at BOSSREC. To better protect your rights we have provided the BOSSREC Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how BOSSREC 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 BOSSREC'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 BOSSREC; 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 BOSSREC’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 BOSSREC 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 Site are the property of BOSSREC and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site 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 Site 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 BOSSREC. You acknowledge that BOSSREC 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. BOSSREC reserves all rights to the software not expressly granted by BOSSREC 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 BOSSREC.
5. ACCOUNTS AND SECURITY
5.1 Some 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 BOSSREC, in its sole discretion, finds offensive or inappropriate, BOSSREC 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. BOSSREC 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 Site, (c) immediately notify BOSSREC of any unauthorised 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. BOSSREC will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that BOSSREC 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 BOSSREC 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 behaviour (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 Vendor or related group of Vendors, (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) behaviour that is harmful to other Users, third parties, or the business interests of BOSSREC. 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, BOSSREC may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify BOSSREC in writing (including via email at support@bossrec.com) 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 BOSSREC after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. BOSSREC 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 BOSSREC.
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
6.1 The license for use of this Site 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, BOSSREC 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 Services to harm minors in any way;
(d) use the Services 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 Services without the express permission of BOSSREC;
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services 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 BOSSREC platform, open a user account, or otherwise access your user account using 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 Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by BOSSREC with respect to the Services and/or data transmitted, processed or stored by BOSSREC;
(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 unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised 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 Services 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 Services or servers or networks connected to the Services 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 Services or the servers or networks connected to the Services;
(w) use the Services 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 Services 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 Services to violate the privacy of others or to "stalk" or otherwise harass another;
(z) infringe the rights of BOSSREC, including any intellectual property rights and any passing off of the same thereof;
(aa) use the Services 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 Services in a manner which will infringe the intellectual property rights of others.
6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not BOSSREC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. 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 BOSSREC 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 BOSSREC 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, BOSSREC 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 BOSSREC or submitted to BOSSREC, including, without limitation, information in BOSSREC Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that BOSSREC 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 BOSSREC 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 BOSSREC, 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 help@BOSSREC.com
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 The Users are independent individuals or businesses and they are not associated with BOSSREC in any way. BOSSREC 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 authorised 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 to support@BOSSREC.com and copy legal@BOSSREC.com and provide us the documents requested below to support your claim. Do allow us time to process the information provided. BOSSREC will respond to your complaint as soon as practicable.
8.3 Complaints under this Section 8 must be provided in the form prescribed by BOSSREC, 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 BOSSREC 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 authorised 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 authorised to act on IPR Owner’s behalf to the complaint.
9. PURCHASE AND PAYMENT
9.1 BOSSREC supports one or more of the following payment methods in each country it operates in:
(i) Credit / Debit Card
Card payments are processed through third-party payment channels and the type of credit / debit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) eWallet
BOSSREC provides eWallet services in selected countries. Buyers may pay via eWallet services provided by BOSSREC.
9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
9.3 BOSSREC 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 authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
9.4 At the moment, BOSSREC is only able to make payment to Users via bank transfer. Hence, Users are required to provide BOSSREC with his/her banking details in order to receive payments i.e. from the sale of item or refund from BOSSREC.
9.5 All payments from the Buyer shall be made to BOSSREC Platform. BOSSREC Platform under (BOSSREC SOLUTION Sdn Bhd) reserve the rights to authorize collection of payment on behalf of the Seller. You acknowledge that BOSSREC is entitled to collect payments from you on behalf of Third Party Vendors.
9.6 The Payment and Settlement methods may be subject to additional terms as prescribed by BOSSREC from time to time.
10. BOSSREC REWARD SYSTEM
10.1 Users may earn loyalty points (“BOSSREC Points”) by buying merchandise on the Site using the BOSSREC Guarantee system or through participation in other BOSSREC activities as BOSSREC may from time to time determine (“Eligible Activities”) based on the conversion rate determined by BOSSREC in its sole discretion. Generally, BOSSREC Points will be credited to a User’s Account upon the completion of a successful transaction or activity approved by BOSSREC. You are eligible to participate in the BOSSREC Points reward system if you are a User and your Account does not expressly exclude you from participation.
10.2 Transaction not completed on the Site using BOSSREC Guarantee do not qualify for the BOSSREC Points reward system. BOSSREC may at its sole discretion exclude categories of items from the BOSSREC Points reward system.
10.3 BOSSREC Points credited to Buyers have no monetary value, do not constitute Buyer’s property and cannot be purchased, sold, transferred or redeemed for cash by Buyer.
10.4 Subject to BOSSREC rules and regulation as determined, varied or modified by BOSSREC from time to time, subject to any cap imposed by BOSSREC at its sole discretion, User may redeem BOSSREC Points by sending a request to BOSSREC and use BOSSREC Points to offset the purchase price of selected items when making purchases on the Site as advised by BOSSREC from time to time. All refunds will be subject to BOSSREC’s Refunds and Return Policy under Section 15.4.
10.5 The BOSSREC Points you redeem will be deducted from your BOSSREC Points balance. Each BOSSREC Points comes with an expiry date. Do check your account details on the Site for BOSSREC Points balances and expiry date.
10.6 From time to time, we may tell you that bonus BOSSREC Points will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make at participating Vendors or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.
10.7 If you have a dispute in relation to the number of BOSSREC Points which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim.
10.8 BOSSREC gives no warranty and accepts no responsibility as to the ultimate tax treatment of BOSSREC Points. You will need to check with your tax advisor whether receiving BOSSREC Points affects your tax situation.
10.9 BOSSREC reserves the right to (i) discontinue the BOSSREC Points Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in BOSSREC Points Reward System, including the ability to earn and redeem BOSSREC Points at its sole discretion.
11. BOSSREC POINTS MARKETING SERVICES
11.1 Vendors may purchase BOSSREC Points for gratuitous distribution to Buyers for marketing purposes under the “Reward Management” section of the Vendor Centre (“Mobile App”). If you are a Vendor that purchases BOSSREC Points , you will be deemed to have consented to the terms and conditions described in this Section, and any explanatory materials published on this Site, the Vendor Centre or otherwise communicated to Vendor in writing (“Vendor Points Rules”).
11.2 In order to purchase BOSSREC Points , you must be an eligible Vendor under the Vendor Points Rules. At the time you purchase and pay for the BOSSREC Points , your Account must not be suspended.
11.3 You may purchase BOSSREC Points via the payment methods set out in the Reward Section. After payment is completed, the BOSSREC Points will be issued to your Account for giveaway to Buyers within 24 hours, and shall expire six (6) months after purchase or such other time as determined by BOSSREC SOLUTION Sdn Bhd. Except as otherwise provided in the applicable Vendor Points Rules, you may not cancel the order and/or request for a refund after you have purchased BOSSREC Points and completed the payment process.
11.4 BOSSREC Points purchased by Vendor may only be given away, free-of-charge, to Buyers via promotional channels made available in the Reward Centre. You may not sell, redeem, or otherwise deal in, BOSSREC Points under any circumstances. You agree that failure to comply with this section or any of the Vendor Points Rules may, without limitation, result in the forfeiture of BOSSREC Points purchased by you, in addition to any other actions or remedies that BOSSREC may take or enforce.
11.5 You understand and agree that BOSSREC does not warrant or guarantee any increase in viewership or sales of your items as a result of the purchase and gratuitous distribution of BOSSREC Points .
11.6 You are advised to only purchase BOSSREC Points after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Vendor Points Advertising Rules, BOSSREC 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 purchasing BOSSREC Points.
11.7 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, BOSSREC IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO THE PURCHASE BY YOU OF BOSSREC POINTS, 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 BOSSREC POINTS IN QUESTION ONLY.
12. BOSSREC POINTS CASHBACK VOUCHER
12.1 Users may receive a voucher entitling them to additional BOSSREC Points (the “BOSSREC Points Cashback Voucher”) on eligible purchases on the Site. Upon the completion of a successful transaction where the BOSSREC Points Cashback Voucher has been applied, additional BOSSREC Points will be credited to a User’s Account based on the conversion rate as indicated in the terms and conditions of such BOSSREC Points Cashback Voucher (“Additional BOSSREC Points Rate”) or as determined by BOSSREC in its sole discretion. BOSSREC Points credited to a User following the redemption of a BOSSREC Points Cashback Voucher shall have the same terms and conditions (including in relation to expiry) as regular BOSSREC Points.
12.2 BOSSREC may allow Vendors to generate their own BOSSREC Points Cashback Vouchers (each a “Vendor Points Cashback Voucher”), which Buyers may apply to eligible purchases from the Vendors store. If you are a Vendor that generates a Vendor Points Cashback Voucher, you will be deemed to have consented to the terms and conditions described in this Section.
12.3 When generating a Vendor Points Cashback Voucher, the Additional BOSSREC Points Rate will be determined by Vendor at the Vendor’s own discretion. Vendor shall be solely responsible for the accuracy of the Additional BOSSREC Points Rate.
12.4 For each completed transaction where a Buyer successfully applies a Vendor Points Cashback Voucher, the Vendor shall pay BOSSREC the value of the additional BOSSREC Points credited to the Buyer (“Points Cashback Price”). The Points Cashback Price is calculated in Malaysian Ringgit as the number of additional BOSSREC Points to be credited to the Buyer’s Account divided by 100, rounded up to the nearest cent. The Points Cashback Price is subject to GST (“Points Cashback Tax Amount”), and the Vendor is responsible for such Points Cashback Tax Amount.
12.5 Following the successful completion of a transaction, BOSSREC shall deduct the Points Cashback Price and Points Cashback Tax Amount from the Buyer’s Purchase Monies, and remit the balance to the Vendor in accordance with Section 10.2. BOSSREC shall issue receipts or tax invoices for the Points Cashback Price and Points Cashback Tax Amount on request. For the avoidance of doubt, the Points Cashback Price and Points Cashback Tax Amount applies in addition to the Transaction Fee and Tax Amount under the Terms of Service.
12.6 The Points Cashback Price and Points Cashback Tax Amount is strictly non-refundable.
13. DELIVERY
13.1 BOSSREC will inform Vendor when BOSSREC receives Buyer’s Purchase Monies. Unless otherwise agreed with BOSSREC, Vendor should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.
13.2 Vendor must use his/her best effort to ensure that Buyer receives the purchased items within (14) days, hence having to ensure that the purchased item is being shipped out within (3) days after payment has been made , whichever applicable, the BOSSREC Guarantee Period or the time period specified (for offline payment) by Vendor on Vendor’s listing.
13.3 Users understand that Vendor 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, Users acknowledge and agree that BOSSREC will not be liable for any damage, expense, cost or fees resulted therefrom and Vendor and/or Buyer will reach out to the logistic service provider to resolve such dispute.
13.4 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 Vendor based outside of Malaysia, and the importation and exportation of such product is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that BOSSREC cannot provide any legal advice in this regard and agrees that BOSSREC shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.
14. CANCELLATION, RETURN AND REFUND
14.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into BOSSREC Guarantee Account.
14.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of BOSSREC Guarantee Period, if applicable, subject to and in accordance with BOSSREC’s Refunds and Return Policy. Please refer to BOSSREC’s Refunds and Return Policy for further information.
14.3 BOSSREC reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into BOSSREC Guarantee Account.
14.4 If you have redeemed BOSSREC Points for your transaction and you are successful in obtaining a refund based on BOSSREC’s Refunds and Return Policy, BOSSREC shall refund the monies you have actually paid for the item and credit back any redeemed BOSSREC Points to your Account separately.
14.5 BOSSREC does not monitor the cancellation, return and refund process for offline payment.
14.6 Any Cancellation that is accepted by the Vendor with the payment type of FPX online banking will be charged with a Cancellation fee. Calculation of Cancellation fee for FPX is of 3% for any transaction above RM25. Should the amount be less than RM25, a cancellation fee of RM 0.70 is charged. All Cancellation fee is bared by the vendor. Fee will reflect on the next statement pay out.
15. Vendor’S RESPONSIBILITIES
15.1 Vendor 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 Vendor’s listing and shall not post inaccurate or misleading information.
15.2 The price of items for sale will be determined by the Vendor 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 Vendor shall not charge Buyer such amount additionally and separately.
15.3 Vendor agrees that BOSSREC may at its discretion engage in promotional activities to induce transactions between Buyer and Vendor 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.
15.4 For the purpose of promoting the sales of the items listed by Vendor, BOSSREC 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 BOSSREC.
15.5 Vendor shall issue receipts, credit card slips or tax invoices to Buyer on request.
15.6 Vendor acknowledges and agrees that Vendor will be responsible for paying all taxes, customs and duties for the item sold and BOSSREC cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Vendors are advised to seek professional advice if in doubt.
15.7 Vendor acknowledge and agrees that Vendor’s violation of any of BOSSREC’s polices will result in a range of actions as stated in Section 7.1.
16. PAID ADVERTISING
In accordance with the obligations of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance)
AMB Mobile Apps Solutions does not own any of the client data stored or processed via the service Apps Builder.
AMB Mobile Apps Solutions is not responsible for the content of the personal data contained in the client data or other information stored on its servers.
At the discretion of the client or user nor is AMB Mobile Apps Solutions responsible for the manner in which the client or user collects, handles disclosure, distributes or otherwise processes such information.
AMB Mobile Apps Solutions
7-2, Jalan 3/4C, Desa Melawati, 53100 Kuala Lumpur
MY
+60192186767
Contact e-mail: admin@mobileappvalley.com
We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services.
If you wish to access or amend any other Personal Data we hold about you or to request that we delete any information about you that we have obtained from an Integrated Service, you may contact us.
At your request we will have any reference to you deleted or blocked in our database.
You may update, correct, or delete your Account information and preferences at any time by accessing your Account settings page on the Service.
Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytic, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so
You may decline to share certain personal data with us, in which case we may not be able to provide to you some of the features and functionality of the Service.
At any time, you may object to the processing of your personal data, on legitimate grounds except if otherwise permitted by applicable law.
Unless you want to use advanced features in applications, we do not require any form of registration, allowing you to use the application without telling us who you are.
However some services do require you to provide us with personal data.
In these situations, if you choose to withhold any personal data request by us, it may not not be possible for you to gain access to certain parts of the application and for us to respond to your query.
We use the information that we collect in a variety of ways in providing the service and operating our business.
Including the following operations:
- Maintain, enhance and provide all features of the service, to provide the services and information that you request,
to respond to comments and questions and to provide support to users of the service we process client data solely in accordance with the directions provided by the applicable client or user improvements.
- We may use a visitor or user email address or other information other than client data to contact that visitor or user for administrative purposes such as customer service,
to address intellectual property infringement, right of privacy violations or defamation issues related to the client data or personal data posted on the service.
Latest update: April 24, 2018.