Terms & Conditions of Use
MAKING HOMES BETTER
Evim Solution (“Company” or “we” or “us“) welcomes you to our website, https://www.evim2us.com (“Website”). The Website provides an e-commerce platform that enables the general public and/or registered members to place, accept, conclude, manage and fulfil orders for the sale and purchase of products and/or services online via the Website.
Your use of the Website is governed by the following terms and conditions (“Terms and Conditions“).
Article 1 – Acceptance of Terms
- Scope of Terms and Conditions
- The terms and conditions set out below (“Terms and Conditions”) are applicable to any and all access and use of the Website. You may view the Terms and Conditions via the link set out on the main page of the Website.
- These Terms and Conditions are to be read together with the following documents:
- The terms of the Policies are part of these Terms and Conditions by reference, and collectively represent a legally binding agreement between the Members and the Company. For the avoidance of doubt, in the event of any inconsistency, the terms and conditions in this Terms and Conditions shall prevail.
- For the avoidance of doubt, a general reference to “Terms and Conditions” herein shall where applicable includes the terms and conditions in the Policies.
- Use of Service and the Website
- The Company provides e-commerce facilities and Services via the Website enabling the sale and purchase of Products between Members.
- By accessing, browsing and/or using the Website, you are deemed to have irrevocably and unconditionally agreed to the Terms and Conditions.
- You must not access and/or use our Services or the Website if you are not agreeable to any of the Terms and Conditions.
- You agree to use the Website at your own risk. We do not take any responsibility or agree to indemnify you for losses you suffer arising from such use, and you irrevocably agree to hold us harmless and indemnify us from any losses that you may suffer therefrom.
- Use of Members’ Personal Data
- Amendment of Terms and Conditions
- The Company shall be entitled at any time and from time to time, to modify, amend or change the Terms and Conditions as appropriate and at our sole and absolute discretion. In such instance, the Company shall notify you of such amendments or changes (including the effective date for the same) via an announcement to be published on the main page of the Website, and you shall be bound by such modified Terms and Conditions. As such, it is your responsibility to regularly visit the Website, view the Terms and Conditions and Policies, and keep updated on any changes made to the Terms and Conditions.
- Please cease to use the Website if you are not agreeable to any amendments or modifications of the Terms and Conditions. You agree to use the Website at your own risk, and your use of the Website following any amendment or modification of the Terms and Conditions constitutes your agreement and acceptance to be bound by the same.
- We do not take any responsibility or agree to indemnify you for losses you suffer arising from the modified Terms and Conditions or your own failure to keep yourself updated on the modifications to the Terms and Conditions, and you irrevocably agree to hold us harmless or indemnify us from any losses that you may suffer therefrom.
Article 2 – Application and Registration as Member
- Registration as Member
- 2.1.1 In order to access or use certain services on the Website, you are required to register as a member (“Member”). Unless otherwise specified by the Company, registration as a Member is free.
- 2.1.2 The Company has the right to restrict, suspend or terminate your access to or use of the Website or the Services (or any part of the same) if in the Company’s sole and absolute opinion, you are in breach of any of the Terms and Conditions.
- Membership Categories
- Membership of the Website can fall under any one or more of the following categories:
- Local individual Seller;
- local business Seller (with business / company registration); and
- Global Seller (with business / company registration).
- Use of the Website and its services as a Buyer is free.
- However, certain Services or functions on the Website which are provided for Sellers may require the payment of fees as further described in the Seller Agreement, Policies and/or other agreements as may be entered into between the Seller and the Company from time to time.
- Use of Services
- Any fees imposed shall be charged, settled and/or otherwise dealt with in accordance with the terms of the Seller Agreement, Policies and/or any other agreement a Seller may enter into with the Company in respect of the same.
- Compensation for Losses
Where, in using the Services and/or accessing the Website, any of your actions cause any losses to the Company, you shall be liable for and shall compensate the Company for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company harmless at all times in respect thereof.
Article 3 – Relationship of Parties
- Role of Company
- The Company primarily operates, manages and provides the Website for the purpose of enabling safe and reliable Transactions between Members, in their capacity as buyers (“Buyer”) and sellers (“Seller”).
- For the avoidance of doubt, if you make a purchase on the Website, you are purchasing the Product from an independent Seller and not from the Company, unless we are specifically named as the seller on record.
Article 4 – Use of Website and Services
- 4.1 Compliance
- 4.1.1 As a condition of your use of the Services and/or access to the Website, you agree that:
- (a) Compliance with law. You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:
- (i) committing fraud, for example by making purchases on the Website using another person’s identity, credit card or bank account;
- (ii) distributing, sending or facilitating the sending of any unsolicited electronic commercial messages, or engage in any form of spamming activities; or
- (iii) using the Services to promote and facilitate pyramid schemes;
- (b) Compliance with Terms and Conditions. You shall comply with these Terms and Conditions and our Policies.
- (c) Uploading and Use of Contents. You shall not upload, post, reproduce, encourage, promote or facilitate the use of any information, text, images, graphics, video clips, sound, directories, files, databases or listings made available via the Website and the Services (“Contents”):
- (i) which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or
- (ii) which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties.
- (d) Resale of Services and Contents. You shall not copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.
- (e) Use of Personal Data. You shall not collect or post personal information about other Members or other third parties, including email addresses, without their consent.
- (f) Abusive Behaviour. You shall not use the Services, access the Website or manipulate the Website’s system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:
- (i) transferring your Member account and Member ID to another party and/or allowing access by a third party to your Member account and Member ID without our express written consent;
- (ii) directly entering into and completing any Transaction with another Member outside of the Website and/or without using the Payment Protection Services (as described in Article 6) provided by the Company on the Website (“direct dealing Transactions”);
- (iii) exploiting or attempting to exploit any benefits provided by the Company, (including but not limited to discounts and/or Coupons) by signing up for multiple accounts and/or purchasing a Product with no intention to complete the same;
- (iv) manipulating the price of any item or interfering with other Members’ listings; or
- (v) taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Website or using it for purposes unrelated to the Website);
- (g) Disruption of Website and Services. You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Website or the Company’s operations and/or business, including but not limited to:
- (i) distributing viruses or any other technologies that may harm the Website, or the interests or property of other Members;
- (ii) undertaking any action to undermine the integrity of, or gain access to, the Website system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services (“System”);
- (iii) monitoring data or traffic on the System or conducting crawling of the System without the Company’s permission;
- (iv) engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
- (v) engaging in any behaviour that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;
- (h) Acting in Good Faith. You shall conduct yourself in accordance with good public order and morals, and shall refrain from:
- (i) persistently raising complaints without any reasonable grounds or justification;
- (ii) repeatedly cancelling or returning Products that are not particularly defective or unsatisfactory without reasonable grounds or justification; or
- (iii) engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.
- 4.1.2 The Company may, without notice, delete postings or restrict or prohibit you from posting or using specific Services on the Website, terminate your access to the Website and the Services or take any other measures it deems fit on the occurrence of a breach of any of the conditions specified under Article 4.1.1 above.
- 4.1.3 Please report to the Company should you be asked to enter into any direct dealing Transactions, as described in Article 4.1.1(f)(ii) above. The Company shall not be responsible for any problems or issues suffered by any Member arising in relation to such direct dealing Transaction.
- 4.2 Liability for Third Party Websites
The Company shall have no liability whatsoever in the event the Company posts any information provided by its partners, or provides reference information or contents provided by a third party at the Website or links on the Website for your convenience, and you visit such third party sites at your own risk.
- 4.3 Suspension of Services
- 4.3.1 The Company may restrict or temporarily suspend the provision of all or part of the Services to you in the event such Services are unable to be provided due to:
- (a) maintenance work on the Website;
- (b) the occurrence of power or communications outage;
- (c) technical problems on the part of our third party suppliers or partners;
- (d) the occurrence of a natural disaster, act of terrorism or other force majeure events; and/or
- (e) any other reason(s) that the Company may deem necessary for such suspension.
- Upon the suspension of the Services, the Company shall post a notification on the Website on the suspension of the Services as soon as reasonably practicable.
- 4.3.2 The Company shall not be liable for any damages or losses that you or any third party may suffer or sustain as a result of any restriction or temporary suspension of any Services in accordance with the terms of these Terms and Conditions.
Article 5 – Sale and Purchase of Products
- 5.1 No Representation
- 5.1.1 The Company is not an agent for, and does not represent either a Buyer or a Seller, and has no authority to act on behalf of either party.
- 5.1.2 In your capacity as a Member, you shall be solely and directly responsible for all liabilities related to transactions entered into between you and the Company, and in relation to any information provided by you to other Members and vice versa.
- 5.2 No Guarantee
- 5.2.1 The Company does not control the behaviour of Members or the information provided by Members that is made available on the Website. Consequently, we do not provide any guarantees with regard to the Transactions undertaken, and do not warrant:
- (a) the existence, quality, completeness, appropriateness, safety or legality of any Product;
- (b) the veracity of any intent to sell a Product;
- (c) whether a Product infringes the rights of any other third party;
- (d) the truthfulness, accuracy or legality of any information posted by a Seller or a Buyer in respect of a Product; or
- (e) that all Transactions will be completed.
- 5.2.2 A minor, being a person below the age of 18, cannot purchase any Products without the consent of his parents or legal guardian. Any transaction entered into without such consent may be cancelled by the Company or the parents or legal guardian, as the case may be.
- 5.3 Placing of Order
- 5.3.1 If you, in the capacity of a Buyer, place an Order to purchase a Product on the Website and the Order is accepted by the Company, you are obligated to complete the Transaction with the Company and to be bound by such additional terms and conditions specified by the Company on the Custom Made section on the Website, unless:
- (a) the Transaction is prohibited by law or these Terms and Conditions;
- (b) the Company materially changes the Product’s description or the Product does not conform to the Company’s description; or
- (c) a manifest error exists in the Product listing information which materially affects the terms of the sale.
- 5.3.2 An Order may be cancelled by a Buyer at any time before acceptance of the said Order by the Company.
- 5.3.3 Where you have submitted an Order and made full payment for the same, if the Company fails to confirm acceptance of the Order within such period of time as required under the Company Agreement, you may request for the transaction to be cancelled.
- 5.4 Offer and Acceptance
- 5.4.1 Invitation to Treat. For the avoidance of doubt, any and all information on this Website, including the prices and details, constitutes an invitation to treat (an invitation for a Buyer to make an offer to form a contract), and is not considered a binding offer.
- 5.4.2 Offer Made by Buyer. Where you place an Order and make payment for a Product on the Website, you are actually making an offer to purchase the Products from the Company, based on the information and description of the Product/s applicable at the time of purchase.
- 5.4.3 Acceptance by the Company. While the Company will make every effort to supply Products ordered, the Company shall only be legally bound to do so when the Company confirms acceptance of your offer via the Website. An Order is deemed accepted and a binding contract is in place only when the status of an Order on the Website is updated to “Preparing for Shipment”.
- 5.4.4 Right to Cancel for Technical/Operational Errors. In the event of an electronic, computer, operational and/or technical error affecting details and pricing of a Product or any promotion on the Website, we reserve the absolute right to rectify such error and/or cancel any Transaction which has been entered into in reliance on the said error.
- 5.5 Payment for Products
- 5.5.1 Payment for Products purchased on the Website can be made via the following methods:
- (a) credit card;
- (b) debit card;
- (c) online banking;
and shall be in accordance with such terms and conditions as stated on the Website.
In the event of any cancellation or refund, the refund methods shall be dealt with in accordance with the Cancellation, Exchange, Returns and Refunds Policy.
- 5.5.2 Payment for any purchase of Products on the Website must be made within one (1) Business Day from the date the Order is submitted. If payment is not completed within such time period, the said Order shall be automatically cancelled by the Website system.
- 5.5.3 When making payment, you must only use payment methods that are legally available to you, and shall not fraudulently use any means of payment under another party’s name. Pursuant to the same, we reserve the right to take all such actions to review any payment Transactions and where deemed necessary, to suspend the processing of such Transactions until our investigations are complete. As a Buyer, you agree to be responsible for all damages and losses suffered or sustained by the Company, the owner of such payment methods and the Seller, which arise out of any fraudulent actions discovered under this Article 5.5.3.
Article 6 – Delivery of Products
- 6.1 Proper Delivery Address
- 7.1.1 Delivery of the Products shall be made to the address specified by you in your Order.
- 7.1.2 You agree to bear the risk for any Products wrongly delivered due to incorrect details provided by you.
- 6.2 Failure to Deliver by Seller
- 6.2.1 Where you have submitted an Order and made full payment for the same, but the Company fails to deliver the Product within the period specified on the Product page without any proper, reasonable and acceptable justification, you may request for the Transaction to be cancelled.
- 6.2.2 In such instance, the Company shall refund any payment made by you in accordance with the Cancellation, Exchange and Return Policy in force at such time.
Article 7 – Cancellation, Returns and Exchange
- 7.1 Please refer to the Cancellation, Exchange and Return Policy for further information in relation to the obligations of the Company or Buyer in respect of cancellation, exchange and returns of Products.
- 7.2 For the avoidance of doubt, the Cancellation, Exchange and Return Policy shall be read together with the Seller Agreement, these Terms and Conditions and such other Policies in force from time to time.
Article 8 – Intellectual Property Rights
- 8.1 Site Contents. The Company is the sole owner or lawful licensee of all the rights and interests in the Website and its contents (“Site Contents”). All title, ownership and Intellectual Property Rights in the Website and Site Contents shall remain with the Company, our affiliates or licensors of the Site Contents, as the case may be. All rights not otherwise claimed under these Terms and Conditions or by the Company are hereby reserved.
- 8.2 Trademarks. “Evim”, and related product icons and logos are registered trademarks or trademarks or service marks owned or licensed by the Company and are protected under applicable copyright, trademark and other proprietary rights laws. You are strictly prohibited from undertaking any unauthorised copying, modification, use or publication of these marks.
- 8.3 Infringements. Any person may protect their rights by contacting the Company in the event their copyright or other intellectual property has been infringed or violated on the Website by any person. Pursuant to the same, the Company may at its sole and absolute discretion take down the Product listing, information, specification and/or photograph complained of and suspend sales of the corresponding Products until such time that the Company at its sole and absolute discretion deems that evidence provided is sufficient to prove that the complaints and/or that the alleged claims are invalid.
- 8.4 Compliance. You shall ensure that all content including without limitation listings, information, specifications, photographs, and products for sale as supplied or provided by you on the Website do not infringe or violate trade mark rights, patent rights, copyrights, trade names, domain names, portrait rights, design rights, utility models, trade secrets, know-how, confidential information, database rights, software rights, semiconductor and/or circuit layout rights and all various other Intellectual Property Rights. You shall also ensure that the use of such Intellectual Property Rights is with the prior, approval or consent of Intellectual Property Rights owner or intellectual Property Rights subsisting in any part of the world belonging to third parties.
- 8.5 Ownership of Photographs or Videos of Products Arranged by the Company. For the avoidance of doubt, the Intellectual Property Rights in any photographs or videos of Products which are arranged by and/or taken by the Company as part of any additional support under the Services shall vest in the Company.
- 8.6 Affiliates. In order to boost sales, information regarding Products displayed for sale by any Member on the Website may be disclosed to the Company’s affiliated third parties, including websites and blogs owned by and / or affiliated to such third party, and any such disclosure shall be subject to the Seller Agreement and the Terms and Conditions.
- 8.7 Indemnity. You shall indemnify and hold harmless the Company and its directors and employees from all actions, claims and demands which may be instituted or made against you arising from your use of Intellectual Property Rights or violation of any applicable intellectual property laws.
- 8.8 Claims from a Third Party. Where you have received claims from a third party that your postings made on the Website infringe or violate the Intellectual Property Rights of any third party or the contents of such postings are open to any other form of attack whether related or unrelated to a legal action, you shall to the furthest extent possible exempt and not involve the Company, its directors and employees, and the Website from and in such claims.
- 8.9 Complaints. You shall notify the Company as soon as practicable of any complaints or alleged claims of infringement of Intellectual Property Rights by any third party. All losses and costs to the Company, its directors and employees and / or the Website arising from your use of any Intellectual Property Rights must shall be fully compensated by you.
- 8.10 Usage. If you post content or submit material to the Website, and unless the Company indicates otherwise, you are deemed to have a granted the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Article 9 – General
- 9.1 Governing Law. These Terms and Conditions shall be governed by the laws of Malaysia. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions and/or the Policies will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia and governed by Malaysian laws. The arbitrator shall be a person who is legally trained and who has experience in the information technology and e-commerce industry in Malaysia and is independent of either party. Notwithstanding the foregoing, the Company reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
- 9.2 Notices. Unless specified otherwise in these Term and Conditions or by the Company, any notice, request, demand or other communication to the Company under these Terms and Conditions shall be given or made in writing and delivered personally or sent by prepaid registered post to the following address: Evim Solution. No. 12A, Jalan Bukit Prima 2A, The Peak Cheras.
All notices to you shall be effective if either delivered personally, by courier, email or where applicable, on the Website. All agreements, notices and other communications that the Company sends to you electronically satisfies the legal requirement for communication to be in writing.
- 9.3 No Assignment. The Company shall have the right to assign and/or novate the Terms and Conditions or any part of the same to any person or entity, by providing written notice to you which shall be posted on the Website, and you hereby irrevocably agree and consent to any such assignment and/or novation. You may not assign, in whole or part, any of these Terms and Conditions to any person or entity.
- 9.4 Force Majeure. Neither party shall be liable for any failure to perform any of its obligations under these Terms and Conditions if the performance is prevented, hindered or delayed by strikes, industrial disputes, fire, floods, acts of any government, riots, war, national emergency, Act of God, impediment by government laws, rules, regulations or orders or other events of force majeure and in such case its obligations shall be suspended for so long as such event continues.
- 9.5 Severability. If any provision of these Terms and Conditions and/or the Seller Agreement and/or the Policies is found to be illegal, void or unenforceable under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision or such earlier date as Company may decide or the parties may agree, as the case may be.