TERMS OF USE

Welcome to the https://ezbeli.com.my/website, a site (this “Website”) owned by DCR MARKETING SDN. BHD. (“DCR”). The following terms and conditions set out in these Terms of Use apply to your access and use of this Website. Please read these Terms of Use carefully. If you do not accept these Terms of Use, please discontinue your access to this Website and/or use of the services immediately.

The material, functions, information and content provided in this Website may be changed from time to time with or without notice at DCR’s absolute discretion. It is your responsibility to periodically review these Terms of Use. Your continued access or use of this Website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity and DCR concerning your access and in relation to your use of this Website and/or the services provided herein.

This Website is intended for users who are at least 18 years old only. Minors under the age of 18 are not permitted to use or register for this Website.

1. USER REGISTRATION

1.1 A simple registration process would need to be completed where you will be required to key in your email address as Login ID and create your own password for the creation of an account with this Website by providing a true, accurate, current and complete information about yourself.

1.2 You shall be solely responsible for maintaining the confidentiality of your Login ID and password, and you agree to accept responsibility for all activities that occur under your account or password whether or not authorised by you and you shall immediately notify DCR if it comes to your knowledge that your login name and/or password has been compromised or there has been unauthorised use of your account, together with sufficient documentation on such an unauthorised use.

1.3 DCR shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorised use of your login name and/or password. DCR reserves the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, too similar with another user or otherwise objectionable.

1A.0 TERMINATION, SUSPENSION AND CONTROL OF ACCOUNT

1A.1 DCR reserves the right at its whole and exclusive discretion to refuse service, terminate and/or suspend accounts, remove or edit the content, or cancel orders at its sole discretion at any time if:-

(a) you breach any of these Terms of Use;

(b) there is suspected forgery or fraud or there has been a forgery or fraud reported or committed involving your account;

(c) there is a dispute as to the ownership of your account;

(d) there has been any misrepresentation or any other abuse of your account;

(e) you disparage, tarnish, or otherwise harm DCR and/or this Website, in DCR’s opinion;

(f) you behave in a way that is not consistent with the values of DCR including but not limited to misusing the terms herein to claim a refund; and

(g) you use this website in a manner inconsistent with any applicable laws or regulations.

1A.2 You further agree that DCR shall not be liable to you or to any other person as a result of any such termination, suspension of account, refusal of service, cancelation of order and removal of content.

2.0 DISCLAIMER OF WARRANTIES AND LIABILITY

2.1 You expressly understand and agree that your access in relation to your use of this Website and/or the services provided herein are at your sole risk. The materials and information in this Website, including but not limited to the Product description, information, data, text, graphics, audio, video, links or other items (hereinafter collectively referred to as “Materials and Information”), are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.

2.2 DCR shall use its reasonable efforts to ensure the accuracy and validity of the materials and information made available on this Website but most if not all details are provided by DCR’s merchants and any User should complaint directly to the relevant merchant. DCR does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of completeness, accuracy usefulness, reliability, fitness for a particular purpose in respect of this Website, the material and information and/or functions therein and expressly disclaims liability for errors and omissions in such materials and information and/or functions.

2.3 Unless otherwise expressly stated herein, DCR and its participating strategic partners / merchants do not make any warranty, express or implied, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability, fitness for a particular purpose, the material, information and/or functions on any product and/or service made available on this Website.

2.4 All card payments are processed through third-party payment channels and the type of credit / debit cards accepted by these payment channels may vary according to the payment channels.

2.5 All Easy Payment Plan (EPP) offer in our portal is managed by us. This will include all related processes and EPP application processes with the banks.

2.6 All financial facilities or payment plan offered by banks extended through the Website to you for purchase of the products and services from the Website by way of instalments are subject to the terms and conditions of the relevant banks and amendments from time to time. To utilise these facilities, you must select the relevant eligible financial facilities or payment plan during the checkout for the products and services on the Website subject to terms and conditions of the relevant banks.

2.7 You accept the inherent security risks of providing information and dealing online over the internet and agree that DCR has no liability or responsibility of any breach of security arising from the act of any third parties.

2.8 DCR will not be responsible or liable to you or any losses you incur arising from:-

(a) user error, such as forgotten passwords or incorrectly construed transactions;

(b) server or system failure, error, omission, interruption, delay in transmission or data loss;

(c) any access, use and/or inability to use this Website;

(d) reliance on any data or information made available through this Website. You should not act on such data or information without first independently verifying its contents; and

(e) any cause over which DCR has no control including unauthorized access or activities by any third party, viruses and/or any form of cyber-attack against the Site, forgery and fraud.

2.9 DCR takes no responsibility and assume no liability for any loss or damages to the user arising from shipping information and/or payment information entered by the user or wrong remittance by the user in connection with the payment for the items purchased. We reserve the right to check whether you as the User 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.

2.10 You agree that all prices and availability of all products and services on the Website are subject to changes and may be subject to additional charges and fees including but not limited to processing fee, registration fee, signed up fee, admin fee, transportation fee, runner fee, packaging fee or any other charges and any other fee as may be determined and imposed by DCR. DCR is not obligated or required to notify you of any changes of prices or availability of any product or service on the Website. By making a transaction and/or purchase on the Website, you are deemed to have agreed to such prices and its additional charges and fees, including those that may vary.

2.11 The prices displayed on the Website is exclusively valid and limited for purchases made through the Website for the specific products and services listed on the Website only. These prices shall not/do not apply to other sales channels, platforms or physical stores nor to such products or services that are not listed on the Website, regardless of whether such products or services are offered by a brand or a merchant featured on the Website.

2.12 The prices displayed on the Website does not include any additional charges including but not limited to taxes, title, license, registration fees, on-the-road fees, processing and handling fees, runner fees, inspection fees, road tax, insurance premiums or any other costs required to operate the product and services. The aforementioned fees and charges may be paid and settled to the dealer, merchant, third party agency, the relevant authority and/or any relevant entity and body and are not included in the net selling price.

2.13 The merchant on the Website may provide warranty for certain products and services at the merchant’s sole discretions subject to the applicable merchant’s terms and conditions.

3.0 CONDUCT

3.1 Your access and use of this Website shall at all times be in accordance with all rules, regulations, laws and legislation governing the same and any guidelines and policies of DCR pertaining thereto. You shall not conduct yourself in a way which:

(a) disrupts the access and use of this Website and the products and services provided hereunder by others;

(b) disrupts the provision of this Website and the products and services by DCR and its partners;

(c) adversely affects the rights of DCR, its partners or any other persons;

(d) gives rise to civil liability or constitutes a criminal offence;

(e) is objectional to public morals and decency,

or otherwise misuse in any way, this Website, its contents and the services provided hereunder. Neither shall you assist or enable others to perform or carry out the acts as above mentioned.

4.0 DELIVERY

4.1 No free trial period will be offered for all products featured by DCR’s merchants.

4.2 Your purchase delivery is strictly subject to stock availability of the merchants and depending on your delivery location. The merchants will fully be responsible for all delivery and the products will be couriered to addresses within Malaysia only. Failure to provide the necessary accurate details or full addresses will result in longer waiting time and/or lost of products in transit, which will not be the liability of DCR.

4.3 All products purchased from this Website are made pursuant to a delivery arrangement stated in this Terms of Use applicable to the products and services. The risk of loss or damage and title for such products shall be passed to you from DCR’s relevant merchant upon the delivery of the possession of the product to you. DCR is not responsible at all on the risk of loss or damage of products. The risk of products will never pass through to DCR and is directly a matter to be managed between DCR’s merchant and the user of the website.

4.4 In the event of any unsuccessful delivery of the products and/or services by DCR’s merchant due to your absence in receiving the products and/or services at the designated address agreed by you, you shall solely bear the total cost of further deliveries of the products and/or services by DCR’s merchant to you.

4.5 You are hereby notified that DCR and/or DCR’s merchant is under no obligation to give any refund to you for the products and/or services under the aforementioned circumstances and/or any causes and circumstances beyond DCR’s merchant’s control.

5.0 RETURN, REPLACEMENT, CANCELLATION AND REFUND POLICY

5.1 All return, refund, replacement and cancellation must be done in accordance with the instructions and terms and conditions as set out in the DCR’s Return, Replacement, Cancellation and Refund Policy.

5.2 In the event that there is any unresolvable dispute between DCR’s merchant and/or you as a user, the User (as the Buyer) and DCR’s Merchant (as the Seller) irrevocably agree to :

(a) communicate with each other first to attempt to resolve such dispute by mutual discussions, which DCR shall use reasonable commercial efforts to facilitate.

(b) DCR reserves the right to suggest and implement an appropriate resolution at its sole discretion.

(c) 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.

(d) Each user and DCR’s merchant covenants and agrees that it will not bring suit or otherwise assert any claim against DCR or its Affiliates in relation to any transaction made on the Site or any dispute related to such transaction.

6.0 COPYRIGHT AND TRADEMARKS

6.1 All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned and/or licensed by DCR and/or its content supplier and are protected by copyright, trademarks and other laws. The compilation of all content on this Website is the exclusive property of DCR and is protected by copyright laws.

6.2 Unless the prior written consent of DCR and/or the relevant third-party proprietor(s) of any of the trademarks, service marks or logos appearing on the Website has been obtained, no license or right is granted to any party accessing this Website to use, download, reproduce, copy or modify such trademarks, service marks or logos.

6.3 Similarly, unless the prior written consent of DCR and/or the relevant proprietor(s) has been obtained, no such trademarks, service marks or logos may be used as a link or to mark any link to the Website or any other site owned and/or controlled by DCR.

7.0 LICENSE AND WEBSITE ACCESS

7.1 DCR grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DCR.

7.2 This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DCR.

7.3 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DCR and/or its relevant third-party proprietor without express written consent. You may not use any metatags or any other “hidden text” utilizing DCR ‘s name or trademarks without the express written consent of DCR.

8.0 EXCLUSION OF LIABILITY

8.1 DCR shall not in any event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Website (or any third party link to or from this Website), reliance on the information contained on this Website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law.

8.2 Any claims if any, between you should be visited directly upon DCR’s merchant, if there is such a loss which can be proven.

9.0 INDEMNITY

9.1 You hereby irrevocably agree to indemnify and keep indemnified DCR and its participating strategic partners from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by DCR and its participating strategic partners in connection with or arising from:

(a) your misuse of this Website and the services provided herein; and/or

(b) your breach of these Terms of Use howsoever occasioned; and/or

(c) any intellectual property right or proprietary right infringement claim made by a third party against DCR in connection with your use of this Website.

10.0 PRODUCT INFORMATION AND ORDER

10.1 The information on this site may contain typographical errors or inaccuracies and may not be complete or current. Such errors, inaccuracies or omissions may relate to product description, product picture, pricing and availability. In the event an error occurs, it will be corrected immediately. DCR reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted).

11.0 PRICING ERROR POLICY

11.1 If we found any errors on the price for any items listed in the Website, we and/or DCR’s Merchant reserved the right to amend the price of the products even though the order has been paid. We will then request for you / buyers to confirm again if they agree to the newly revised prices. If they do not agree to the revised price, the order will be cancelled and money will be refunded to buyer in full.

12.0 COMMUNICATIONS

12.1 We will communicate with you by e-mail and/or by posting notices on this Website and/or through the inbox function on this Website.

12.2 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13.0 PRIVACY

13.1 Your privacy is very important to us. To better protect your rights we have provided the the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Website.

13.2 By using the Website, you:

(a) consent to our collection, use, disclosure and/or processing of your Content, personal data as described in the Privacy Policy;

(b) agree and acknowledge that the proprietary rights of your Information are jointly owned by you and DCR Marketing Sdn Bhd; and

(c) shall not, whether directly or indirectly, disclose your Information to any third party, or otherwise allow any third party to access or use your Information, without our prior written consent.

14.0 REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

14.1 We do not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).

14.2 Except where expressly stated otherwise, every user and/or merchant is an independent individual and/or business and they are not associated with DCR in any way and DCR is neither the agent nor representative of DCR’s merchant and does not hold and/or own any of the merchandises listed on the Website.

14.3 If you are an 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 by submitting a complaint and provide us the documents requested below to support your claim. Do allow us time to process the information provided. We will respond to your complaint as soon as practicable.

14.4 We acknowledge a manufacturer’s right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the sellers, we do not assist in this type of enforcement activity and do not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution.

14.5 Each and every Merchant will hold DCR harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content or product listings pursuant to or in relation to any intellectual property infringement claim.

15.0 CURRENCY

15.1 All transactions on this Website are for orders of products and/or services effected in Malaysia and in respect of local deliveries only. All transactions are to be conducted and payable in Ringgit Malaysia (RM), unless otherwise indicated.

16.0 WAIVER

16.1 The failure of DCR to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

17.01 MODIFICATION AND SEVERABILITY

17.1 DCR reserves the right to make changes to this Website, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining condition.

18.0 LAW AND JURISDICTION

18.1 These Terms of Use are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this Website and/or using the services provided herein by DCR, you hereby consent to the exclusive jurisdiction of the courts of Malaysia in all disputes arising out of or relating to the use of this Website.

I HAVE READ THIS TERM OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CONTINUING TO USE THIS APP, I UNDERSTAND THAT I AM TO BE BOUND BY THIS TERMS OF USE AND ANY OTHER AMENDMENTS TO THIS TERM OF USE FROM TIME TO TIME.