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Terms of Service


1.       INTRODUCTION

1.1     Welcome to the MAC BORNEO platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a MAC BORNEO account ("Account") so that you are aware of your legal rights and obligations with respect to MAC BORNEO. 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 MAC BORNEO.

 

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 (“MAC BORNEO”). The actual contract for sale is directly between Buyer and Seller. MAC BORNEO reserves the right to remove any Content or information posted on the Site.

 

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     MAC BORNEO reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time. MAC BORNEO 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     MAC BORNEO 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 MAC BORNEO SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

 

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

 

 

2.       PRIVACY

2.1    Your privacy is very important to us at MAC BORNEO. To better protect your rights we have provided the SHOP.MACBORNEO.COM Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how MAC BORNEO 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:

  •     consent to MAC BORNEO's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
  •   agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and MAC BORNEO; and
  •       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 MAC BORNEO’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

    MAC BORNEO 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 MAC BORNEO and where applicable, third party proprietors identified in the Site. 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, modify, 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).

 

4.       ACCOUNTS AND SECURITY

4.1     Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that MAC BORNEO, in its sole discretion, finds offensive or inappropriate, MAC BORNEO has the right to suspend or terminate your Account. 

4.2     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 MAC BORNEO 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. MAC BORNEO will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

 

4.3    You agree that MAC BORNEO may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that MAC BORNEO deems necessary. Grounds for such actions may include, but are not limited to, (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 for illegitimate reasons, or (e) behaviour that is harmful to other Users. 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, MAC BORNEO may terminate your Account immediately with or without notice.

 

4.4     Users may terminate their Account if they notify MAC BORNEO in writing (including via email (macborneo@gmail.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact MAC BORNEO after he/she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. MAC BORNEO 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 MAC BORNEO.

 

4.5     You may only use the Services and/or open an Account if you are located in Malaysia or one of our approved countries, which may be updated from time to time.

 

5.       TERM OF USE

5.1     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, MAC BORNEO may effect such termination with or without notice to you.

 

5.2     You agree not to: 

  • use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
  •  use the Services for fraudulent purposes; 
  • take any action that may undermine the feedback or ratings systems;
  • 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;
  • 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;
  • 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;
  • use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
  • infringe the rights of MAC BORNEO, including any intellectual property rights and any passing off of the same thereof;

  

6.       VIOLATION OF OUR TERMS OF SERVICE

Violations of this policy may result in a range of actions, including, without 

limitation, any or all of the following:





          •           Account suspension and subsequent termination

 

7.       PURCHASE AND PAYMENT

 

7.1     MAC BORNEO supports one or more of the following payment methods in each country it operates in:

  •          Credit Card/Debit 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.

  •         Bank Transfer

Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated MAC BORNEO Account. Buyer must provide MAC BORNEO with the transfer receipt or payment transaction reference for verification purposes through MAC BORNEO email. If payment confirmation is not received by MAC BORNEO within three (3) days, Buyer’s order will be cancelled.

 

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

 

7.3     MAC BORNEO 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.

 

7.4     At the moment, MAC BORNEO is only able to make payment to Users via bank transfer. Hence, Users are required to provide MAC BORNEO with his/her banking details in order to receive payments i.e. from the sale of item or refund from MAC BORNEO. 

 

8.     DELIVERY

 

8.1 MAC BORNEO will inform Buyer when MAC BORNEO receives Buyer’s Purchase Monies. Unless otherwise agreed with MAC BORNEO, Buyer should then make the necessary arrangements to have the purchased item delivered to Buyer.

8.2  MAC BORNEO will make the best effort to ensure that Buyer receives the purchased items within, whichever applicable, or the time period specified (for offline payment) by MAC BORNEO on MAC BORNEO’s delivery listing.

 

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

 

 

9.     CANCELLATION, RETURN AND REFUND

 

9.1    Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into MAC BORNEO Account.

 

9.2    Buyer may apply for the return of the purchased item and refund prior, if applicable, subject to and in accordance with MAC BORNEO Refunds and Return Policy. Please refer to MAC BORNEO Return and Refund Policy for further information.

 

9.3    MAC BORNEO 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 MAC BORNEO Account.


9.4 MAC BORNEO does not monitor the cancellation, return and refund process for offline payment.

 

10.    MAC BORNEO’S RESPONSIBILITIES

 

10.1   MAC BORNEO 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 shall not post inaccurate or misleading information.

 

10.2    The price of items for sale will be determined by the MAC BORNEO according to the current market price for each item. 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 MAC BORNEO shall not charge Buyer such amount additionally and separately.

 

10.5    MAC BORNEO shall issue receipts, credit card slips or tax invoices to Buyer on request.

11.     FEES

 

11.1  Unless otherwise stated, MAC BORNEO does not charge Users for the use of the Site.

 

11.2 Where fees are payable, the same will be subject to GST and other applicable taxes. Unless otherwise agreed, MAC BORNEO is responsible for such taxes. 


12.     DISPUTES

 

MAC BORNEO encourages Users to communicate with each other in the event where problem arises in a transaction. As MAC BORNEO is a platform for Users to conduct trading, Buyer should contact MAC BORNEO support directly for any issue relating to the Item purchased. In the alternative, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.


 

13.     FEEDBACK

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

 



      •   Feedback may be made in writing through email to or using the feedback form found on the “Site”.        
      •      Anonymous feedback will not be accepted.
      •      Vague and defamatory feedback will not be entertained.

 

14.     DISCLAIMERS

 

14.1    THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MAC BORNEO 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, MAC BORNEO 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.

 

14.2   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.

 

15.     EXCLUSIONS AND LIMITATIONS OF LIABILITY

 

15.1   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.

 

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

 

16.     LINKS TO THIRD PARTY SITES

Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites MAC BORNEO link to are not under the control of MAC BORNEO in any manner whatsoever and you therefore access them at your own risk. MAC BORNEO is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. MAC BORNEO is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by MAC BORNEO of any linked site and/or any of its content therein.

  

17.     THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

    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 MAC BORNEO. 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. MAC BORNOE 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 MAC BORNEO 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 MAC BORNEO 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.

 

18.     YOUR REPRESENTATIONS AND WARRANTIES

 

You represent and warrant that:

  •         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 
  •         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.


19.     FRAUDULENT OR SUSPICIOUS ACTIVITY

If MAC BORNEO, 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 MAC BORNEO from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:



    •  We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
    •  We may refuse to provide the Services to you now and/or in the future;

 

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 files directly with MAC BORNEO.

 

"Reversal" means the reversal of a payment by MAC BORNEO because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by MAC BORNEO, (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 MAC BORNEO policy, or (e) MAC BORNEO decided a Claim against you.

 

20.      INDEMNITY

 

You agree to indemnify, defend and hold harmless MAC BORNEO, 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: the hosting, operation, management and/or administration of the Services by or on behalf of MAC BORNEO, (c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (d) your use or misuse of the Services, or (e) your breach of any law or any rights of a third party.

 

21.      SEVERABILITY

 

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.

  

22.     GENERAL PROVISIONS

 

22.1        MAC BORNEO reserves all rights not expressly granted herein.

 

22.2        MAC BORNEO 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.

 

22.3        You may not assign, transfer any rights granted to you hereunder your obligations.

 

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

 

22.5        The failure of MAC BORNEO 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.

 

22.6        These Terms of Service are solely for your and our benefit and are not for the benefit of any other person.

  

22.7        You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the Malaysia Bribery Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

 

31.9        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: macborneo@gmail.com

 

LEGAL NOTICES: Please send all legal notices to macborneo@gmail.com 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 BELOW, 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.


Last Updated: April 15, 2018