TERMS OF SERVICE

1. INTRODUCTION

1.1 Welcome to the Plmkaya platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a Plmkaya account (“Account”) so that you are aware of your legal rights and obligations, Plmkaya brand own by Iman Kasih Resources (M) Sdn Bhd. (Company Registration No. 201601037523 (1208464-V)) and its affiliates and subsidiaries (individually and collectively, “Plmkaya”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by Plmkaya 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 Plmkaya.

1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Plmkaya is not a party to that or any other contract between Buyer and Seller 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. Plmkaya is not involved in the transaction between Users. Plmkaya may or may not pre-screen Users or the Content or information provided by Users. Plmkaya reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Plmkaya 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 hereto.

1.4 Plmkaya 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. Plmkaya 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. Plmkaya 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 Plmkaya 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 Plmkaya 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 13 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 Plmkaya. To better protect your rights we have provided the Plmkaya.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Plmkaya 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 Plmkaya’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 Plmkaya; 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 Plmkaya’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 Plmkaya 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 Plmkaya 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 Plmkaya. You acknowledge that Plmkaya may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

4. SOFTWARE

4.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Plmkaya reserves all rights to the software not expressly granted by Plmkaya 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 Plmkaya.

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 Plmkaya, in its sole discretion, finds offensive or inappropriate, Plmkaya 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. Plmkaya 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 Plmkaya 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. Plmkaya 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 Plmkaya may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or 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 or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Plmkaya 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 Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or (h) behaviour that is harmful to other Users, third parties, or the business interests of Plmkaya. 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, Plmkaya may terminate your Account immediately with or without notice.

5.4 Users may delete/terminate their Account if they notify Plmkaya in writing (including via email at help@Plmkaya.my or by software function) 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 Plmkaya after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Plmkaya 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 Plmkaya.

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, Plmkaya 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 Plmkaya; 

(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 Plmkaya 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 Plmkaya with respect to the Services and/or data transmitted, processed or stored by Plmkaya;

(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 Plmkaya, 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.

(cc) direct or encourage another user to conduct a transaction other than on the Site.

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 Plmkaya, 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 Plmkaya 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 Plmkaya 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 any liability to you. Without limiting the foregoing, Plmkaya and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request 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 Plmkaya or submitted to Plmkaya, including, without limitation, information in Plmkaya Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that Plmkaya may access, preserve and disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Plmkaya 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 or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Plmkaya, 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@Plmkaya.my.

8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1 As stated above, Plmkaya does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).

8.2 Except where expressly stated otherwise, the  Users are independent individuals or businesses and they are not associated with Plmkaya in any way and Plmkaya is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.

8.3 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 report at help@Plmkaya.my. and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Plmkaya will respond to your complaint as soon as practicable.

8.4 Complaints under this Section 8 must be provided in the form prescribed by Plmkaya, 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 ) a description of the nature of alleged infringement with sufficient details to enable Plmkaya to assess the complaint (d) URL(s) of the listing(s) which contain the alleged infringement; (e) sufficient information to allow Plmkaya to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (f) 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; (g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.

8.5 Plmkaya acknowledges 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, Plmkaya does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution.

8.6 Each and every Seller agrees to hold Plmkaya and its Affiliates 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.

9. PURCHASE AND PAYMENT

9.1 Plmkaya supports one or more of the following payment methods in each country it operates in:

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

(ii) Cash on Delivery (COD)
Plmkaya provides COD services in selected countries. Buyers may pay cash directly to the deliver agent upon their receipt of the purchased item.

(iii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Plmkaya Guarantee Account (as defined in Section 12). Buyer must provide Plmkaya with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Plmkaya’s app as payment confirmation. If payment confirmation is not received by Plmkaya within three (3) days, Buyer’s order will be cancelled.

(iv) Instalment Purchase Plan
Buyers may pay via instalment for orders exceeding RM 500. Payment via instalments are processed through third-party channels. The banks that currently support instalment plans are Maybank and Publicbank.

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

9.3 Plmkaya 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.

10. SELLER WALLET

10.1 Your Account allows the storage of money you receive from your sales proceeds made on the Platform (“Seller Wallet”). The sum of this money, minus any withdrawals, will be reflected as your Seller Wallet’s balance.

10.2 You may transfer funds from your Seller Wallet (up to the amount of your Plmkaya Wallet balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. Plmkaya may also automatically transfer funds from your Seller Wallet to your Linked Account on a regular basis, as determined by Plmkaya. Plmkaya shall only process such transfers on business days and such transfers may take up to two business days to be credited to your Linked Account.

10.3 Sellers are entitled to one (1) free Withdrawal Request per week (“Weekly Withdrawal Limit”). Plmkaya may impose a fee of RM0.12 for each additional Withdrawal Request made in excess of the Weekly Withdrawal Limit (“Withdrawal Fee”). The Withdrawal Fee is subjected to Sales and Service Tax (“SST”). The Weekly Withdrawal Limit and the Withdrawal Fee are subject to change at Plmkaya’s discretion.
10.4 Money from your sale of items on Plmkaya shall be credited to your Seller Wallet within three (3) days after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item.

10.5 Once submitted, you may not modify or cancel a Withdrawal Request.

10.6 If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your Seller Wallet in the future. If we are unable to credit your Alternative Account, for any reason, we reserve our right to handle or process such money in accordance with the applicable law, including lodging such money with the Registrar of Unclaimed Moneys (Jabatan Akautan Negara Malaysia) (“Registrar”)  in accordance with the requirements under the Malaysia Unclaimed Moneys Act. In such instance, you may recover your unclaimed money directly from the Registrar less any fees or charges that may be imposed, with no further recourse to us.

10.7 You authorize us to initiate debit or credit entries to your Seller Wallet:

(i) to correct any errors in the processing of any transaction;

(ii) where Plmkaya has determined that you have engaged in fraudulent or suspicious activity and/or transactions;

(iii) in connection with any lost, damaged or incorrect items;

(iv) in connection with any rewards or rebates;

(v) in connection with any uncharged fees;

(vi) in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;

(vii) in connection with any banned items or items that are detained by customs;

(viii) in connection with any change of mind agreed to by both Buyer and Seller;

(ix) to recover any outstanding amounts (including late payment fees and/or interest) owed by you to us; and

(x) to purchase Advertising Credits where you have activated the Advertising Credits Top Up Feature and your Advertising Credits have fallen below your Advertising Credits Minimum Amount.

10.8 We have the right to limit, freeze or suspend your Seller Wallet for any reason, including where you fail to repay outstanding amounts due to us by the due date.

FOR TIME BEING SELLER WALLET USED FOR RETURN AND REFUND ONLY, SELLER CANNOT TOPUP, TRANFER OR WITHRAW MONEY, SELLER WALLET USED ONLY TO BUY PRODUCT ON SHOP.

12. Plmkaya GUARANTEE

12.1 Plmkaya Guarantee is a service provided by Plmkaya or its 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 Plmkaya or its authorised agent (“Plmkaya Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into Plmkaya Guarantee Account.

12.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Plmkaya Guarantee Account until:

(a) Buyer sends confirmation to Plmkaya that Buyer has received his/her goods, in which case, unless 12.2(d) applies, Plmkaya will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping fee (if applicable), the Transaction Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Plmkaya Guarantee Account to Seller;

(b) Plmkaya Guarantee Period (or any approved extension under 12.3) expires, in which case, unless 12.2(c) or 12.2(d) applies, Plmkaya will release Buyer’s Purchase Monies  (less  the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Plmkaya Guarantee Account to Seller;

(c) Plmkaya determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 12.2(d) applies, Plmkaya will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;

(d) such other time as Plmkaya reasonably determines that a distribution of Buyer’s Purchase Monies (less  the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.

Plmkaya Guarantee is only offered to Buyers who have made payment through the channels provided by Plmkaya into Plmkaya Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under Plmkaya Guarantee. 

12.3 Payments made through Plmkaya channels will be held in the Plmkaya Guarantee Account for a specified period of time (the “Plmkaya Guarantee Period”). Buyer may apply for a one-time extension of Plmkaya Guarantee Period prior to the expiry of the applicable Plmkaya Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, Plmkaya Guarantee Period may be extended for a maximum period of three (3) days unless Plmkaya in its sole discretion determines that a longer extension is appropriate or required.

12.4 If, for any reason, the Seller’s bank account cannot be credited and/or the Seller cannot be contacted, Plmkaya will use reasonable endeavours to contact the Seller using the contact details provided by him/her.  In the event that the Seller cannot be contacted for more than twelve (12) months after the balance of the Buyer’s Purchase Monies becomes due to the Seller and such money remains unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including lodging such money with the Registrar in accordance with the requirements under the Malaysia Unclaimed Moneys Act. In such instance, you may recover your unclaimed money directly from the Registrar less any fees or charges that may be imposed, with no further recourse to us.

12.5 Seller/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. Plmkaya may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller/Buyer hereby grants Plmkaya his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, Seller/Buyer authorises Plmkaya to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank. For more information in relation to how Plmkaya handles your personal information, please visit our Privacy Policy page.

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

12.7 Buyer and Seller acknowledge and agree that Plmkaya’s decision (including any appeals) in respect of and relating to any issues concerning the Plmkaya Guarantee is final.

12.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Plmkaya Guarantee.

13.4 Subject to Plmkaya rules and regulation as determined, varied or modified by Plmkaya from time to time, subject to any cap imposed by Plmkaya at its sole discretion, User may redeem Plmkaya Coins by sending a request to Plmkaya and use Plmkaya Coins to offset the purchase price of selected items when making purchases on the Site as advised by Plmkaya from time to time. All refunds will be subject to Plmkaya’s Refunds and Return Policy under Section 17.

13.5 The Plmkaya Coins you redeem or donate will be deducted from your Plmkaya Coins balance. Each Plmkaya Coins comes with an expiry date. Do check your account details on the Site for Plmkaya Coins balances and expiry date.

13.6 From time to time, we may tell you that bonus Plmkaya Coins will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make at participating Sellers or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.

13.7 If you have a dispute in relation to the number of Plmkaya Coins 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.

13.8 Plmkaya gives no warranty and accepts no responsibility as to the ultimate tax treatment of Plmkaya Coins. You will need to check with your tax advisor whether receiving Plmkaya Coins affects your tax situation.

13.9 Plmkaya reserves the right to (i) discontinue the Plmkaya Coins Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in Plmkaya Coins Reward System, including the ability to earn and redeem Plmkaya Coins at its sole discretion.

16. DELIVERY

16.1 Plmkaya will inform Seller when Plmkaya receives Buyer’s Purchase Monies. Unless otherwise agreed with Plmkaya, Seller 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.

16.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, the Plmkaya Guarantee Period or the time period specified (for offline payment) by Seller on Seller’s listing.

16.3 Users understand that Seller 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 Plmkaya will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.

16.4 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 Seller 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 Plmkaya cannot provide any legal advice in this regard and agrees that Plmkaya shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.

16.5 Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, Seller and Plmkaya in such proportions as may be determined by Plmkaya and published on the Site from time to time.  Plmkaya shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct the Seller’s proportion of the Shipping Fee from the Buyer’s Purchase Monies in accordance with Section 12.2, and (iii) pay the total Shipping Fee to the delivery company.

17. CANCELLATION, RETURN AND REFUND

17.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Plmkaya Guarantee Account.

17.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of Plmkaya Guarantee Period, if applicable, subject to and in accordance with Plmkaya’s Refunds and Return Policy. Please refer to Plmkaya’s Refunds and Return Policy for further information.

17.3 Plmkaya 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 Plmkaya Guarantee Account.

17.4 If you have redeemed Plmkaya Coins for your transaction and you are successful in obtaining a refund based on Plmkaya’s Refunds and Return Policy, Plmkaya shall refund the monies you have actually paid for the item and credit back any redeemed Plmkaya Coins to your Account separately.

17.5 Plmkaya does not monitor the cancellation, return and refund process for offline payment.

17.6 Refunds to Buyers shall be made to their Plmkaya wallet within one (1) day of the return or refund request being approved.

18. SELLER’S RESPONSIBILITIES

18.1 Seller 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 Seller’s listing and shall not post inaccurate or misleading information.

18.2 The price of items for sale will be determined by the Seller 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 Seller shall not charge Buyer such amount additionally and separately.

18.3 Seller agrees that Plmkaya may at its discretion engage in promotional activities to induce transactions between Buyer and Seller 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.

18.4 For the purpose of promoting the sales of the items listed by Seller, Plmkaya 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 Plmkaya. 

18.5 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.

18.6 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Plmkaya cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.

18.7 Seller acknowledge and agrees that Seller’s violation of any of Plmkaya’s polices will result in a range of actions as stated in Section 7.1.

19. PAID ADVERTISING

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

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

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

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

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

19.6 The goods you list on the Site must comply with all relevant laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that Plmkaya has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid or Advertising Credits you have used in relation to any listing removed pursuant to this Section 19.6 will not be refunded. Plmkaya will also not be liable to compensate you for any loss whatsoever in relation to listings removed pursuant to this Section 19.6.

19.7 You understand and agree that Plmkaya does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services.

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

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

20. PURCHASE AND SALE OF ALCOHOL

20.1 The purchase and sale of alcoholic products (“Alcohol”) on the Site is NOT permitted by Plmkaya.

21. TRANSACTION FEES

21.1 Plmkaya charges a fee for all successful transactions completed on the Site (“Transaction Fee”). The Transaction Fee is borne by the Seller, and is calculated :
2.1.1.1 If product price more than RM200.00 transaction fees is at two percent (2%) of the Buyer’s Purchase Monies, rounded up to the nearest cent.  The Transaction Fee is subject to SST (“Tax Amount”), and the Seller is responsible for such Tax Amount.
2.1.1.2 If product price below than RM200 transaction fees is at two percent (RM2.00) of the Buyer’s Purchase Monies, rounded up to the nearest cent.  The Transaction Fee is subject to SST (“Tax Amount”), and the Seller is responsible for such Tax Amount.

22. DISPUTES

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

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

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

22.4 To be clear, the services provided under this Section 19 are only available to Buyers covered under Plmkaya Guarantee. Buyer using other payment means for his/her purchase should contact Seller directly.

23. FEEDBACK

23.1 Plmkaya welcomes information and feedback from our Users which will enable Plmkaya to improve the quality of service provided. Please refer to our feedback procedure below for further information:

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

(ii) Anonymous feedback will not be accepted.

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

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

24. DISCLAIMERS

24.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Plmkaya OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Plmkaya DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

24.2 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.

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

25. EXCLUSIONS AND LIMITATIONS OF LIABILITY

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

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

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

25.2 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.

25.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, Plmkaya IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE Plmkaya GUARANTEE; AND (B) SG $100 (ONE HUNDRED SINGAPORE DOLLARS).

25.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY Plmkaya’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF Plmkaya THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

27. YOUR CONTRIBUTIONS TO THE SERVICES

27.1 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 Plmkaya. 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 Plmkaya 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.

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

28. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

28.1 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 law and legal restrictions associated with their Content contribution. As such, Plmkaya is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Plmkaya responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

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

29. YOUR REPRESENTATIONS AND WARRANTIES

29.1 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.

30. FRAUDULENT OR SUSPICIOUS ACTIVITY

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

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

(b) We may suspend your eligibility for Plmkaya Guarantee;

(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by a competent court or elsewhere and directed to Plmkaya;

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

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

For the purposes of this Section:

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

“Claim” means a challenge to a payment that a Buyer or Seller files directly with Plmkaya.

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

31. INDEMNITY

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

32. SEVERABILITY

32.1 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.

33. GOVERNING LAW

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

34. GENERAL PROVISIONS

34.1 Plmkaya reserves all rights not expressly granted herein.

34.2 Plmkaya 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. 

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

34.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Plmkaya, nor does it authorise you to incur any costs or liabilities on Plmkaya’s behalf.

34.5 The failure of Plmkaya 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.

34.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Plmkaya’s affiliates and subsidiaries (and each of Plmkaya’s and its affiliates’ and subsidiaries’ respective successors and assigns).

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

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

34.9 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: help@Plmkaya.my. 

LEGAL NOTICES: Please send all legal notices to legal@Plmkaya.my and Attention it to the “General Counsel”.

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

Plmkaya Merchant Terms of Service

1. Introduction
1.1 The following terms and conditions apply to Merchant’s use of the Services. This terms of service (“Terms of Service”) is a contract between Plmkaya and you (“you”, “your”, “Merchant”) who registered a Merchant Account with us and it governs your use of all Services (defined below). Please read the following Terms of Service carefully so that you are aware of your legal rights and obligations with respect to us and our affiliates and subsidiaries (individually and collectively, “Company”, “we”, “us” or “our”). BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. We have the right to revise these Terms of Service at any time without providing notice to you. Your use of the Services shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.
We have the right to revise these Plmkaya Terms of Service by providing 21 days’ notice to you. Your continued use of the Services, this Platform, or your registration of an Account, shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.

2. INTERPRETATION
2.1 In this Terms of Service, the following words will have the meanings assigned to them in this clause, except where inconsistent with the context:
Application” means the mobile application operated by Plmkaya or its affiliate (as amended from time to time) for the provision of Services;
Card or Payment Scheme” means any card payment systems (such as VISA, MasterCard, American Express or others) or bank payment scheme (such as direct banking system, direct debit system or bank transfer system);
Merchant Account” means Merchant’s registered electronic money account(s) held with Plmkaya or bank account designated by Merchant (as the case may be);
Merchant Product/Service” means any product or service offered by Merchant to its customers and which is ordered, purchased or otherwise provided to a customer pursuant to a Transaction;
Merchant Registration Form” means the registration form completed and signed by Merchant for the Services;
Services” means electronic payment solutions via the internet and all other products and services offered by Plmkaya through any other means; and
Transaction” means any transaction between Merchant and its customer using the Services for the purchase of goods and/or services from Merchant.
2.2 Headings are for convenience only and shall not affect the construction or interpretation of this Terms of Service.

3.SERVICES
3.1 Merchant acknowledges and agrees that:
(a) Plmkaya operates solely as a payment intermediary and: (i) under no circumstances acts as a seller, purchaser, dealer, middleman, retailer, auctioneer, supplier, distributor, manufacturer, broker, agent or merchant of Merchant Product/Service; and (ii) makes no representations or warranties and does not ensure the quality, safety and/or legality of any Merchant Product/Service. Plmkaya does not guarantee the identity of any customers or ensure that a customer will complete a Transaction;
(b) any dispute arising out of any Merchant Product/Service is between the sender and receiver of the funds and/or the supplier and receiver of the goods or services. Any Transaction in relation to the Merchant Product/Service shall only obligate the Merchant. Plmkaya shall not be a party to any dispute including but not limited to disputes over performance and liability issues relating to the delivery, quality, quantity or use of the Merchant Product/Service. Plmkaya may, on a case by case basis and at the customer’s own costs expenses, facilitate the customer to request from the Merchant any refund paid for the goods and/or services by the customer. The Merchant is responsible for knowing whether a Transaction is erroneous or suspicious, you agree to conduct all necessary acts to ensure the Transaction is genuine.
(c) Plmkaya Services, including its payment gateway service, only facilitate the execution of payments from a customer to Merchant.  Any payment monies collected from customers and received by Plmkaya shall be settled and transferred into the Merchant Account within a fixed timeframe on a daily, weekly, biweekly or monthly basis, as agreed by the Parties after deduction of any fees due to Plmkaya including any applicable taxes and/or duties. Merchant agrees to be responsible for all the costs, expenses, fees and/or bank charges applicable to the settlement and transfer.
3.2 Merchant is aware that the receipt of a payment into the Merchant Account does not amount to the receipt of cleared funds. Merchant remains liable to Plmkaya for the full amount of the payment and any fees deducted therefrom if the payment is later reversed for any reason (“Reversal Amount”). In the event of a payment reversal, Plmkaya is entitled to debit the Merchant Account with the Reversal Amount and any applicable third party chargeback or reversal fee. If Plmkaya is unable to fully recover the Reversal Amount and/or the applicable third party chargeback or reversal fee from the Merchant Account (including any monies transferred into it after the payment reversal), Merchant is required to repay the Reversal Amount and/or any negative balance of the Merchant Account by depositing funds into such Merchant Account to ensure that the Reversal Amount and/or any negative balance can be fully recovered by Plmkaya. Failure to do so is a breach of these Terms of Service. Repayment of the Reversal Amount and/or any negative balance is due immediately without notice. Plmkaya reserves the right to, at any time, demand repayment by Merchant for such amount.
3.2A. Merchant is aware that there is a risk of loss or stolen money through the Application. You agree and acknowledge that while Plmkaya will provide and suggest certain security controls, we cannot guarantee that you will never be a victim of aforementioned scenario.You are solely responsible for losses you incur from such loss or stolen money from any fraudulent activities engaged with you. We may assist you with recovering the lost funds, but you are solely responsible for such losses due to loss or stolen money through the Application, unless such losses result from our wilful or intentional actions. Further, you will fully reimburse us for any losses we incur that result from the loss or stolen money.
3.3 Plmkaya reserves the right to suspend, at any time and at its sole discretion, the Merchant Account and/or the Services in any of the following circumstances:
(a) where Plmkaya believes it is necessary or desirable to protect the security of the Merchant Account and/or the Services;
(b) if any Transactions are made which Plmkaya in its sole discretion deems to be (i) made in breach hereof or in breach of the security requirements of the Merchant Account and/or the Services; or (ii) suspicious, unauthorized or fraudulent, including but without limitation to, money laundering, terrorism financing, fraud or other illicit activities;
(c) upon the insolvency, liquidation, winding up, bankruptcy, entrance into receivership or dissolution of Merchant, or where Plmkaya considers that there is a reasonable likelihood for any of the foregoing to occur;
(d) if the Transactions are for the sale of goods and/or services which fall outside of the agreed business activities of Merchant, or where Merchant fails to deliver such goods and/or services, and/or where Merchant is engaged in third party processing and not delivering goods and/or services itself; or
(e) otherwise in connection with Plmkaya’s compliance with any applicable laws and regulations.
3.4 In the event that Plmkaya suspends the Merchant Account and/or the Services provided to Merchant, Plmkaya may reinstate the same and, where necessary, provide new security details such as a password, as soon as practicable after the reason for the suspension ceases to exist.

4.OBLIGATIONS
4.1 Merchant shall open and maintain a Merchant Account by registering as a merchant with Plmkaya. Merchant shall integrate the Services into its operations and operate the same in accordance with Plmkaya’s instructions. Merchant shall be responsible for maintaining adequate security and control of any and all identifications, passwords, personal identification numbers (PINs), or any other codes that Merchant uses to access the Services.
4.2 Merchant shall not receive payments as consideration for delivery of restricted item including but not limited to :
a. Adult media and/or services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;
b. Body parts which includes organs or other body parts;
c. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
d. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
e. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
f. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
g. Illegal goods, which includes materials, products, or information promoting illegal goods or enabling illegal acts;
h. Offensive goods, which includes literature, products or other materials that: (a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors (b) Encourage or incite violent acts (c) Promote intolerance or hatred;
i. Offensive goods, crime that includes crime scene photos or items, such as personal belongings, associated with criminals;
j. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;
k. Any product or service, which is not in compliance with all applicable laws and regulations in Malaysia
l. Any products or services subject to UN Security Council’s sanctions.
m. Crowdsourcing and crowdfunding businesses, lending clubs, offering equity or rewards of any kind.
n. Cryptocurrency, Bitcoin, online currency, gaming coins, online gold and similar virtual assets.
o. Deceptive business practices such as Ponzi / pyramid schemes, multi-level marketing, guaranteed results, investment or trading courses and services.
p. Money service businesses such as remittance, transfer, money orders, prepaid gift cards, stored value facilities, quasi-cash, foreign exchange of currencies and similar services.

4.3 Merchant shall cooperate with Plmkaya at Merchant’s cost to investigate any suspicious illegal, fraudulent or improper activity related to any Transactions.
4.4 At any time, for the purpose of complying with applicable law, Merchant shall provide Plmkaya with such information as Plmkaya may request, including information about Merchant’s business. Merchant shall inform Plmkaya in writing of any material changes to its business including business model, the goods and/or services, shop name, website or payment method, no later than thirty (30) days prior to such changes. Such change shall be effective only when received and agreed by Plmkaya. Merchant shall indemnify Plmkaya against all losses liabilities, costs and expenses (including full reimbursement of any legal and professional costs) arising out of the Merchant’s failure to notify Plmkaya of such changes.
4.5 Merchant shall not charge its customers a processing fee, markup or other surcharge for making payments through the Services.
4.6 Merchant shall follow Plmkaya payment acceptance procedures by ensuring the following steps are followed :
a. Ensure both payment confirmation page from merchant and buyer’s page is correct.
b. Merchant shall only release goods/services when merchant confirmed that the payment is successful
c. Merchant shall deliver the Merchant Product/Service to its customers without undue delay. Merchants shall retain any documents evidencing the customer’s receipt of the goods and/or services ordered by the customers for at least 2 (two) years from the date on which the customer received the goods and/or services. Merchant acknowledges that Plmkaya shall not be liable for any defects of such goods and/or services.
4.7 Merchant shall not be held liable from any fraud losses and chargeback, if the transaction acceptance procedures as stipulated in Clause 4.6 have been adhered by the merchants.
4.8 The Merchant Product/Service that are made available to customers shall comply with applicable laws in any jurisdiction in or to which Merchant makes its goods and/or services available.
4.9 Merchant shall at all times have all relevant licenses and permits to conduct Merchant’s business and/or sale of Merchant Product/Service.
4.10 Merchant represents and warrants that it is not receiving funds in connection with any illegal, fraudulent, deceptive or manipulative act or practice and that Merchant is not sending or receiving funds to or from an illegal source.
4.11 Neither Merchant nor any of its subsidiaries or affiliates, nor any director or officer of Merchant, nor, to Merchant’s knowledge after due inquiry, any director or officer, employee, agent, controlled affiliate or representative of the Merchant or any of its subsidiaries or affiliates (“Person”), is an individual or entity that is, or is owned or controlled by a Person that is currently the subject of any sanctions 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 (collectively, “Sanctions”), nor located, organized or resident in a country or territory that is currently the subject of Sanctions. Merchant will not use the Services in any manner that will result in a violation of Sanctions by any Person, including Plmkaya and any of its affiliates, directors, officers, employees and agents. Merchant and its subsidiaries and affiliates have not knowingly engaged in, are not now knowingly engaged in, and will not engage in, any dealings or transactions with any Person, or in any country or territory, that at the time of the dealing or transaction is or was the subject of Sanctions. Merchant agrees that it, its subsidiaries and affiliates and any Person shall conduct business in compliance with Anti-corruption Laws and shall not take any action, directly or indirectly, that would result in a violation of such laws, including but not limited to providing, offering, or promising, directly or indirectly, anything of value to any governmental authority or official that would result in a breach of any anti-corruption laws.
4.12 The operations of Merchant and its subsidiaries and affiliates shall be at all times in compliance with all material aspects with applicable financial recordkeeping and reporting requirements and the money laundering statutes of all applicable jurisdictions, the rules and regulations thereunder and any related or similar rules, regulations or guidelines issued, administered or enforced by any governmental agency.
4.13 Merchant is responsible for all losses, reversals, fees, claims, penalties or chargebacks, incurred by the Merchant or Plmkaya, another user, or a third party caused by or arising out of the Merchant’s breach of this Terms of Service, damage to or loss of the Merchant’s devices, the authorized use of the Merchant’s account by a third party and/or the Merchant use of the Service, and where such are borne by the Company, another user, or a third party, the Merchant agree to reimburse the same for any and all such liability.
4.14 Merchant is responsible for all losses, reversals, fees, claims, penalties or chargebacks, incurred by the Merchant or Plmkaya, another user, or a third party caused by or arising out of the Merchant’s breach of this Terms of Service, damage to or loss of the Merchant’s devices, the authorized use of the Merchant’s account by a third party and/or the Merchant use of the Service, and where such are borne by the Company, another user, or a third party, the Merchant agree to reimburse the same for any and all such liability.   
4.15 Merchant is required to regularly login, review transaction history and to make sure that there have not been any unauthorised Transactions. You shall check and verify all Transactions including, without limitation, the amount , recipient information , date & time of the transactions. Merchants can access transaction history from the merchant dashboard.

5. FEES AND TAXES 
5.1 The fees payable by Merchant for the Services are as set out in the Merchant Registration Form, which shall form part of these Terms of Service. Unless otherwise indicated, fees are quoted in Malaysia currency, which is exclusive of GST.
5.2 Plmkaya may vary the fees, or advise Merchant of any additional fees, applicable to these Terms of Service at any time by posting a notice on the Plmkaya website or Application and/or by sending Merchant a notice via email or postal mail.
5.3 Any applicable taxes, duties and/or fees shall be borne by Merchant, and Merchant hereby authorizes Plmkaya to deduct such taxes, duties and/or fees as required by law.
5.4 It is Merchant’s sole responsibility to determine which, if any, taxes and/or duties apply to the payments received, and to report and remit the correct tax to the competent tax authority.

6. INTELLECTUAL PROPERTY
6.1 Plmkaya and/or its licensors reserve and shall retain its entire right, title and interest in all copy rights, trademarks and other intellectual property rights therein and relating thereto, except as expressly granted to Merchant in these Terms of Service.
6.2 Merchant grants Plmkaya a worldwide, non-exclusive, royalty-free, non-transferable license to copy, use and display any logo, trademark, trade name or other intellectual property owned by, or licensed to Merchant for the purpose of (i) identifying Merchant as a merchant that accepts the Services as a payment form; and (ii) any other use to which Merchant specifically consents.  Merchant hereby warrants and represents that it owns or has the right to use and sublicense any intellectual property which it uses or licenses for use to Plmkaya.
6.3 “Plmkaya” and all other URLs, logos, trademarks, intellectual property related to the Services are either trademarks or registered trademarks of Plmkaya or its licensors.  Merchant shall not copy, imitate or use them without Plmkaya’s prior written consent.  In addition, Merchant shall not copy, modify or amend any of the Services or intellectual property related to the Services.  All right, title and interest in and to the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Plmkaya and/or its licensors.
6.4 With regard to the intellectual property owned or licensed by Card or Payment Schemes, Merchant shall follow instructions given by the relevant Card or Payment Scheme. Merchant shall not use such intellectual property in a way that is or may be detrimental to the business or brand of the relevant Card or Payment Scheme.

7. NO WARRANTY
7.1 THE SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY.Plmkaya, AND ANY OF ITS SUBSIDIARIES AND AFFILIATES, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Plmkaya DOES NOT HAVE ANY CONTROL THE GOODS AND/OR SERVICES THAT ARE PAID FOR WITH THE SERVICES.  Plmkaya DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE SERVICES, AND OPERATION OF THE SERVICES MAY BE TEMPORARILY SUSPENDED FOR MAINTENANCE OR UPGRADE OR INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF Plmkaya’S CONTROL. Plmkaya MAKES NO WARRANTY ON THE SOLVENCY OF COMPANY OR AS A RESULT OF THE INSOLVENCY OR CEASING TO TRADE OF ANY AUTHORISED INSTITUTION WITH WHICH THE MONEY IS HELD. Plmkaya WILL MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICES ARE PROCESSED IN A TIMELY MANNER BUT Plmkaya MAKES NO REPRESENTATIONS AND WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING.

7.2 Plmkaya shall not be liable for any of the following:
(a) a hardware, software, mobile device and/or internet connection is not functioning properly;
(b) any suspension or refusal to accept payments which Plmkaya reasonably believes to be made fraudulently or without proper authorization;
(c) the payment instructions received contain incorrect or improperly formatted information; or
(d) unforeseen circumstances preventing the proper performance despite any reasonable precautions taken by Plmkaya.  Such circumstances may include but are not limited to acts of God, power outages, fire, flood, theft, equipment/device breakdowns, hacking attacks, internal mechanical or system failures, civil disturbance, war as well as downtimes of the Application.
8. MERCHANT’S REPRESENTATIONS & WARRANTIES
8.1 Merchant represents and warrants that:
(a) the entry into these Terms of Service and the performance thereof by Merchant has been duly authorised and constitutes a valid and binding agreement of Merchant, enforceable against it in accordance with the terms thereof;
(b) all information furnished to Plmkaya is true, accurate and not misleading;
(c) all formal consents, waivers, approvals, authorisations, exemptions, registrations, licenses or declarations of or by or filing with, any authority or contracting party which are required to be made or obtained by Merchant in connection with the entry into these Terms of Service and the performance of the same, have been duly obtained; and
(d) the entry, delivery and performance of these Terms of Service by Merchant will not violate or conflict in any material respect with any law, rule, regulation, code, ordinance, judgment, order, writ, injunction, decree or other requirement of any court/tribunal or of any governmental body or agency thereof applicable to Merchant and/or the sale of the Merchant Product/Service.

9.PRIVACY
9.1 Merchant acknowledges that when Merchant downloads, installs or uses the Services, Plmkaya may use automatic means (including, for example, cookies and web beacons) to collect information about Merchant’s device and about Merchant’s use of the Services.  Merchant also may be required to provide certain information as a condition to downloading, installing or using the Services or certain of its features or functionality.  All information collected by Plmkaya through or in connection with the Services is subject to Plmkaya’s Privacy Policy. By downloading, installing, using and providing information to or through the Services, Merchant consents to all actions taken by Plmkaya with respect to the Merchant’s information in compliance with the Privacy Policy.

10. TERMINATION
10.1 Plmkaya may terminate its provision of the Services immediately:
(a) if Merchant files a petition for bankruptcy, becomes insolvent, or makes any arrangement or composition with or assignment for the benefits of its creditors, or a receiver is appointed for Merchant or its business, or Merchant goes into liquidation either voluntarily (otherwise than for reconstruction or merger) or compulsorily;
(b) upon the occurrence of a material breach of these Terms of Service by Merchant or if such breach is capable of remedy, is not remedied within the time specified by Plmkaya; or
(c) Merchant violates or fails to comply with any applicable law, regulation or any order by a competent court or government authority;
10.2 Either Party may terminate the Services by giving the other Party thirty (30) days’ prior written notice.
11. Contacting us
If you have complaints, feedback or believe a User or Merchant on our Platform is violating these Terms of Service, please contact us:
a.using our feedback function located under settings on the Platform
b.through help@Plmkaya.com.my;
c. through our email
Please send all legal notices to legal@Plmkaya.com and attention it to the “General Counsel”

12. LIABILITY
12.1 In no event shall either Party be liable for indirect, incidental, special, punitive or consequential damages, including loss of use, loss of profits or interruption of business, however caused or on any theory of liability.
12.2 Plmkaya’s liability to Merchant for any and all losses arising out of or in connection with these Terms of Service shall in no event exceed the fees received by Plmkaya from Merchant in the three (3) months prior to the event giving rise to such liability.

13.INDEMNITY
13.1 Merchant shall fully indemnify and hold Plmkaya, its parents, subsidiaries, affiliates, suppliers and agents and their respective officers, directors and employees (the “Indemnified Party”), harmless from any loss, liability, costs and expenses (including full reimbursement of any legal and professional costs) which the Indemnified Party suffers or incurs as a result of, or in connection with, any claim made or threatened by a third party relating to any Merchant Product/Service and/or any breach of these Terms of Service and/or use of the Services by Merchant.

14. FORCE MAJEURE
14.1 Neither Party shall be liable to the other for loss or damage resulting from delay or failure to perform these Terms of Service, or any terms hereunder, either in whole or in part, when the same is due to causes beyond its reasonable control, including but not limited to civil war, insurrections, strikes, riots, fires, floods, explosions, earthquakes, serious accidents or any acts of God, government regulations, epidemics, quarantine or labour trouble resulting in cessation, slowdown or interruption of work. In the event of the same, the Parties’ obligations herein and the delivery dates shall be extended for the periods of such circumstances only so far as they affect the performance of these Terms of Service.
14.2 The Party affected shall as soon as possible notify the other Party in writing of the commencement and (if applicable) end of said circumstances.

15. RELATIONSHIP 
15.1 The Parties are independent contracting parties, and nothing in these Terms of Service will make any Party the employee, partner, agent, legal representative, trust or joint venturer of the other for any purpose whatsoever, nor does it grant either Party any authority to assume or to create any obligation on behalf of or in the name of the other.

16. ASSIGNMENT
16.1 Plmkaya may assign any of its rights or obligations under; these Terms of Service without the prior written consent of Merchant. For the purpose of this clause, assignment will include any assignment by operation of law and change in control of a Party.
16.2 Merchant may not assign any of its rights under these Terms of Service to any person without the prior written consent of Plmkaya.
16.3 Merchant may not allow, permit or let other person or merchant(s) to use the Services without the prior written consent of Plmkaya.

17. ENTIRE AGREEMENT
17.1 Terms of Service constitute the entire agreement between the Parties concerning the subject matter of these Terms of Service and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the Parties.

18. GOVERNING LAWS
18.1 These Terms of Service shall be governed by and construed under the laws of Malaysia.  Any dispute, controversy, claim or difference of any kind whatsoever arising between the Parties under these Terms of Service shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre in Kuala Lumpur, Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. There will be one (1) arbitrator and the language of the arbitration shall be English. Both Parties agree that Part III of the Arbitration Act 2005 shall not apply to this Agreement or the arbitration proceedings arising out of this Agreement.

19. PARTIAL INVALIDITY
19.1 In the event of the invalidity of any part or provision of these Terms of Service such invalidity must not affect the enforceability of any other part or provision of these Terms of Service.

20.WAIVER
20.1 A Party’s failure to exercise or delay in exercising a right or power does not operate as a waiver of that right or power and does not preclude the future exercise of that right or power.

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