Welcome to the HOMA2U.COM platform ("Site"). HOMA2U.COM is an online platform that provides a place and opportunity for the promotion of services rendered by professionals (“Professionals”) and sale of products related to home renovation and design between the buyer (“Buyer” or “you”) and the seller (“Seller”) (collectively, “Users” or “Parties”).
The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by HOMA2U.COM client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available on or 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 us.
1.1 Please read the following Terms of Service carefully before using this Site or opening a HOMA2U.COM account ("Account") so that you are aware of your rights and obligations with respect to HOMA SDN BHD and its affiliates and subsidiaries (individually and collectively, "HOMA2U.COM", "we", "us" or "our").
1.2 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 (“Legal Age”). If you are below 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 this Terms of Service on your behalf.
1.3 By using the Site, the Services or opening an Account, you give your irrevocable acceptance of and consent to the terms of this Terms of Service, including those additional terms and conditions and policies referenced herein and/or linked hereto.
1.4 We reserve 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. We 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. We 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 Third Party Service Provider(s)
(a) We may at any time or from time to time sub-contract, assign and/or appoint its affiliates and/or any third party service provider(s) to provide the Services and/or part thereof at its may deem fit.
(b) You acknowledge that Services or part thereof to be provided by third party service provider(s) will be subjected to the service terms and conditions of such third party service providers; of which, you hereby confirm and agree to be bound by same accordingly
(c) A copy of the third party service provider’s terms and conditions will be furnished or caused to be furnished by us upon request.
1.6 We 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.
This Terms of Service is effective until terminated.
4. REGISTRATION OF ACCOUNT & SECURITY
4.1 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. In registering with Homa, you agree to provide accurate, current and complete information about yourself, and to update that information if it changes; if you don't, we have the right to close your account and any web pages and/or other pages and/or reports created under your account within Homa. If we rely on the contents of your application and accept you as a member / Homa user, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that may suffer arising from any inaccurate or false statement of misrepresentation of facts submitted by us to you. If you select a User ID that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account. You must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of yourself.
4.2 You agree to (i) keep your password confidential and use only your User ID and password when logging in, (ii) ensure that you log out from your account at the end of each session on the Site, (iii) immediately notify us 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. We will not be liable for any direct or indirect loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
4.3 You agree that we may for any reason, in our 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 we deem necessary. Grounds for such actions may include, but are not limited to, (i) extended periods of inactivity, (ii) violation of the letter or spirit of this Terms of Service, (iii) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (iv) having multiple users accounts for illegitimate reasons, or (v) behaviour that is harmful to other Users, third parties, or the business interests of HOMA2U.COM. 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, we may terminate your Account immediately with or without notice.
4.4 You may terminate their Account if you notify us in writing (including via email at [email protected]) of your desire to do so. Notwithstanding any such termination, you remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the products, payment for the products, or the like, and Users must contact us after he or she has promptly and effectively carried out and completed all incomplete transactions according to this Terms of Service. We 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 us.
5. TERMS OF SALE
5.1 The availability of any products or services on the Site does not imply our endorsement of the products or services. We do not represent, warrant or guarantee that the products or services descriptions are accurate, complete, reliable, current or error-free. Depictions of products are for reference only and may not always accurately depict every aspect of the products or services.
5.2 The actual contract for sale of products and provision of services is directly between Buyer and Seller or Professional respectively and we are not a party to that or any other contract between Buyer and Seller or Professional respectively and accept no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the contract between them, the listing or purchase of products, warranty and the like. We DO NOT warrant:-
(a) the existence, quality, completeness, appropriateness, safety and legality of any products;
(b) the veracity of any intent to sell or purchase the products by a Buyer or Seller;
(c) whether the products infringe the rights of any third party;
(d) the truthfulness, accuracy or legality if any information posted by a Seller or a Buyer in respect of the products; or
(e) that all transaction will be completed.
5.3 Risk of loss and title for purchased products pass from the Seller upon delivery. We do not transfer legal ownership of any products.
5.4 You are responsible for (a) reading the entire products listing before placing an order and (b) maintaining correct and up to date payment, contact, and shipping information and (c) honouring any return, refund or shipping arrangement entered into with HOMA2U.COM or any Seller.
6. FEE & PAYMENT FOR PRODUCTS
6.1 Unless otherwise stated, we do not charge Users for the use of the Site and the Services provided.
6.2 Payment for products:
(a) We have been authorized by the Merchant to collect payment for the products. We support 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) Bank Transfer: You may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”).
(b) All payment is made to our designated HOMA2U.COM Guarantee Account (as defined in Section 7). You must provide us with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in HOMA2U.COM’s app as payment confirmation. If we do not receive payment confirmation within three (3) days, your order will be cancelled.
(c) You may only change your preferred mode of payment for their purchase prior to making payment.
(d) We take no responsibility and assume no liability for any loss or damages to you arising from erroneous shipping information and/or payment information entered by you or erroneous remittance by you in connection with the payment for the products purchased. We reserve the right to check whether you are 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.
(e) All refunds shall be made by us to you via bank transfer. Hence, you are required to provide us with your banking details in order to receive such refunds.
(f) If you are buying products on the Site which are located in another country, kindly note that the Seller shall be considered as the importer on record. As such, you shall ensure that the Seller has complied with all applicable importation laws and regulations when buying such products and that the Products purchased can be lawfully imported by the Seller into Malaysia before purchasing the same.
g) Purchases of products from overseas may be subject to payment of import duties and taxes, which are levied once the products reach Malaysia. As a general principle, additional charges for customs clearance shall be borne by the Seller.
7. HOMA2U.COM GUARANTEE
7.1 HOMA2U.COM Guarantee is a service provided by us or our authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by us or our authorised agent (“HOMA2U.COM Guarantee Account”) and we will not use your funds for our operating expenses or any other corporate purposes.
7.2 After you make payment for your order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in HOMA2U.COM Guarantee Account until:
(a) you send the confirmation to us that you have received your products, in which case, unless 7.2(d) applies, we will release Buyer’s Purchase Monies in HOMA2U.COM Guarantee Account to the Seller;
(b) expiry of 21 days from the date you placed your order (“HOMA2U.COM Guarantee Period”), in which case, unless 7.2(c) or 7.2(d) applies, we will release Buyer’s Purchase Monies in HOMA2U.COM Guarantee Account to Seller;
(c) we determine that your application for a return of products and/or refund is successful, in which case, unless 7.2(d) applies, we will provide you a refund, subject to and in accordance with the Refunds and Return Policy;
(d) such other time as we reasonably determine that distribution of Buyer’s Purchase Monies is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or court order or to enforce these Terms of Service.
HOMA2U.COM Guarantee is only offered to you if you have made payment through the channels provided by us into HOMA2U.COM Guarantee Account. Offline arrangements between you and Seller will not be covered under HOMA2U.COM Guarantee. For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by HOMA2U.COM Guarantee.
7.3 You acknowledge and agree that our decision (including any appeals) in respect of and relating to any issues concerning the HOMA2U.COM Guarantee is final.
8.1 Unless otherwise expressly stated on the HOMA2U.COM platform and/ or as agreed by the Seller, the Seller will use its best effort to ensure that the delivery of your purchased products and/or products shall be made to the address specified by you in your order good within the HOMA2U.COM Guarantee Period. You agree to bear the risk for any products wrongly delivered due to incorrect details provided by you.
8.2 In the event where the purchased product(s) are damaged, lost or there is a failure of delivery during the course of delivery, you acknowledge and agree that we will not be liable for any damage, expense, cost or fees resulted therefrom and any recourse shall be sought in accordance to Section 9 below.
9. REFUND & RETURN POLICY
9.1 Subject always to your compliance with Section 9.2 below, you shall be entitled to initiate the process for the (1) return of the products for a full refund; or (2) replacement of the products at the Merchant’s cost under the following situations:-
(a) the products are damaged and/or defective; or
the Products are defective if it:-
(i) is unfit for its intended use;
(ii) not fit to be consumed;
(iii) has a defective design;
(iv) has been defectively assembled or manufactured;
(v) is dangerous or harmful for normal use; and/or
(vi) is broken or damaged in any manner;
(b) the products do not comply with description/criteria as described on the HOMA2U.COM platform.
A refund or exchange is allowed if the delivered products:
(i) are of a different type, model or make ;
(ii) have different specifications from what was advertised or ordered, such as different functions, wrong colour or size;
(iii) has missing parts; and/or
(iv) is missing products promised (such as free gifts).
9.2 However, please note that you are not entitled to return any products purchased if you change your mind (which is not due to any other reason as stated in Section 9.1 above or otherwise stated in this Terms of Service), or in the event such products were marked as final sale or "not returnable" on the products page or during the checkout process. Any such request shall be subject to the Seller’s approval at all times.
9.3 In any event if any situation under Section 9.1 occurs, you are required to report the issue to Homa through HOMA2U.COM platform within 3 days after receipt of the products and to attach evidence of such issue (e.g. by way of photos); and to return the products within 7 days after delivery to the end customer at the cost of the Merchant. In such an event, you shall be entitled to a full refund or replacement of the products as long as the products are in its original condition and packaging. Products that have been used or modified in any way may not be returned. Please note that the option to initiate a return will only appear after you have confirmed receipt of the products or upon the expiry of the HOMA2U.COM Guarantee Period.
9.4 Therefore, it’s critical to report the issue within that time period so that a claim can be filed with the transporter. We encourage you to inspect the packaging of the good before you accept the products from the transporter. If the packaging or the products appear damaged when they arrive, you may inform the transporter and refuse delivery. As stated in Section 9.3 earlier, you will be required to submit photos of the damage.
9.5 If you choose to get a refund for an eligible returned, damaged or defective products (as specified above), you’ll be refunded the purchase price and applicable sales tax. For faulty, damaged or defective products, you will also receive a refund for any amount you may have paid through the Site to have the products delivered to you. Refunds will be issued to the original method of payment on every 15th or 31st of the month. If we are unable to refund the original method of payment, we will provide you with store credit for the amount of the refund due to you, which may be used for purchases on the Site.
10. GRANT OF RIGHTS; RESTRICTION ON USE OF HOMA2U.COM’S CONTENT
10.1 We grant you a limited and revocable license to access and use the:
(a) All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of HOMA2U.COM and where applicable, third party proprietors. No right or license 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, unless with 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); and
(b) software provided by us to you as part of the Services. Use of such software is subject to the terms and conditions of this Terms of Service. 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. You shall not, directly or indirectly, modify the features or functionality of, copy or create derivative works using all or any portion of, analyze or remove components from, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the software or permit or encourage any third-party to do so.
10.2 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. We are 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. We provide 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 us of any linked site and/or any of its content therein.
10.3 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with their Content contribution. As such, we are not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with the law and legal restrictions associated with any contribution of Content. You will not hold us responsible for any other User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
11. YOUR CONTENT & UNDERTAKING
11.1 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 us, 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 being offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will we 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.
11.2 You acknowledge that we and our designees shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, delete, 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, we and our 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 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 us or submitted to us, including, without limitation, information in HOMA2U.COM Forums and in all other parts of the Site.
11.3 You acknowledge, consent to and agree that we 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 us or in a good faith belief that such access preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce this Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of HOMA2U.COM, its Users and/or the public.
11.4 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, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(d) remove or alter any proprietary notices from the Site;
(e) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without tour express permission;
(f) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein or for fraudulent purposes;
(g) take any action that may undermine the feedback or rating systems;
(h) 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 us with respect to the Services and/or data transmitted, processed or stored by us;
(j) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(j) 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);
(k) 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;
(l) 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;
(m) 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;
(n) 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;
(o) 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;
(p) 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;
(q) 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;
(r) use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced;
(s) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(t) infringe the rights of HOMA2U.COM, including any intellectual property rights and any passing off of the same thereof; and/or
(u) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.
11.5 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to HOMA2U.COM. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant HOMA2U.COM 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 Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (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.
11.7 You shall indemnify and hold harmless the Homa and its directors and employees from all actions, claims and demands which may be instituted or made against you arising from your use of others intellectual property rights or violation of any applicable intellectual property laws.
12.1 The Services are provided "as is" and without any warranties, claims or representations made by us of any kind either expressed, implied or statutory, 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, we do 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.
12.2 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.
12.3 We have no control over and, to the maximum extent permitted by applicable law, do not guarantee or accept any responsibility for: (a) the fitness for purpose, existence, quality, safety or legality of products available via the services; or (b) the ability of Sellers to sell products or of Professionals to carry out their services. 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 us and our affiliates from any and all claims, demands and damages arising out of or in connection with any such dispute.
13 . EXCLUSIONS AND LIMITATIONS OF LIABILITY
13.1 To the maximum extent permitted by applicable law, in no event shall we 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:
(a) (i) loss of use; (ii) loss of profits; (iii) loss of revenues; (iv) loss of data; (v) loss of good will; or (vi) failure to realise anticipated savings, in each case whether direct or indirect;
(b) 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 we have been advised of the possibility of such damages.
13.2 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.
13.3 If, notwithstanding the previous sections, we are found by a court of competent jurisdiction to be liable (including for gross negligence), then, to the maximum extent permitted by applicable law, our 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 HOMA2U.COM Guarantee; and (b) [●].
13.4 Nothing in these terms of service shall limit or exclude any liability for death or personal injury caused by our negligence, for fraud or for any other liability on the part of HOMA2U.COM that cannot be lawfully limited and/or excluded.
14 . VIOLATION OF OUR TERMS OF SERVICE
14.1 Violations of this Terms of Service may result in a range of actions, including, without limitation, any or all of the following:
(a) Limits placed on Account privileges;
(b) Account suspension and subsequent termination;
(c) Civil actions, including without limitation a claim for damages and/or interim or injunctive relief; and/or
(d) Termination of this Terms of Service.
14.2 If you believe a User on our Site is violating these Terms of Service, please contact [email protected]
15.1 We welcome information and feedback from you which will enable us to improve the quality of Service provided. Please refer to our feedback procedure below for further information:
(a) Feedback may be made in writing through email to [email address] or using the feedback form found on the App.
(b) Anonymous feedback will not be accepted.
(c) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(d) Vague and defamatory feedback will not be entertained.
16.1 We encourage Users to communicate with each other in the event where problem arises in a transaction. As we are a platform for Users to conduct trading, you should contact the Seller directly for any issue relating to the products purchased. In the alternative, you may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
16.2 Users covered under HOMA2U.COM Guarantee may send written request to HOMA2U.COM to assist them in resolving issues which may arise from a transaction upon request. We may, at our sole discretion and with absolutely no liability to you and the Seller, take all necessary steps to assist Users resolving their dispute. To be clear, the services provided under this Section 16.2 are only available to you if you are covered under HOMA2U.COM Guarantee. If you used other payment means for your purchase, you should contact Seller directly.
17. YOUR REPRESENTATIONS AND WARRANTIES
17.1 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.
18.1 You agree to indemnify, defend and hold us harmless, and our 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) the HOMA2U.COM Guarantee, (b) the hosting, operation, management and/or administration of the Services by or on behalf of us, (c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (d) your use or misuse of the Services, or (e) your breach of any law or any rights of a third party.
19 GENERAL PROVISIONS
19.1 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.
19.2 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.
19.3 We reserve all rights not expressly granted herein.
19.4 You may not assign, sublicense or transfer any rights granted to you hereunder.
19.5 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and us, nor does it authorise you to incur any costs or liabilities on our behalf.
19.6 Our failure 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.
19.7 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 our affiliates and subsidiaries (and each of our affiliates' and subsidiaries' respective successors and assigns).
19.8 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.
19.9 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 [email protected] .
HOMA2U.COM reserves the right to accept or reject your application to become a Homa User at its sole and absolute discretion in the following cases:-
(a) where Homa is not able to verify your identity with certainty;
(b) where the data provided by you upon sign-up (for example, email address, telephone number, company/business registration number etc.) is identical to a membership account already registered with the Website;
(c) where you have provided false or inaccurate information or omitted to provide necessary information during the application process;
(d) where you have applied for membership within less than one (1) month from the date of termination or cancellation of an earlier membership on our Website;
(e) where you have signed up as a Member under another account, which is either temporarily or permanently suspended at the time of application for a new Member account;
(f) where you have breached any of the Terms and Conditions; and/or
(g) any other reason as may be determined by the Company.
For the avoidance of doubt, our decision above cannot be contested.