Terms of service

1. INTRODUCTION

Welcome to the exclusive platform. Before using this Platform, please read carefully the terms of service listed below as these terms of service will be used as a guideline of the legal rights and obligations towards Digifiv Solutions Shd Bhd (Registration No. 202101018100 (1418400-W)) and all of the company’s affiliated, linked, proprietary products, and/or subsidiary firms and brands.

Listed below are the terms which will be used throughout this terms of service.

  1. “Account” refers to the exclusive account that is required if an order is to be placed
  2. “Platform” refers to both the exclusive website and mobile app, as well as any websites or applications which may be operated from time to time.
  3. “You” refers to users which consist of Customers as well as guest.
  4. “We” refers to Digifiv Solutions Shd Bhd (Registration No. 202101018100 (1418400-W)) and all of the company’s affiliated, linked, proprietary products, and/or subsidiary firms and brands.
  5. “Merchant” refers to the users of the exclusive platform who are selling their products on the exclusive platform.

Before you become a User of this platform, it is vital you read AND accept the terms of service of this platform. By accepting these terms, you are consenting to the collection and processing of your personal data as described in the Privacy Policy.

If you are under the age of eighteen (18) or the legal age for giving consent, you may only use this Platform with the permission/participation of a legal guardian. If you are the parent or legal guardian of a minor who is using this Platform, you are hereby responsible for any of the minor’s action, any charges associated with the minor’s use of the Platform or purchases made on the Platform. If any consents are not given, you are to stop using/accessing this Platform.

We reserve the right to change, modify, add or remove portions of these Terms of Service at any time. The changes will be effective as soon as it is posted on the Platform with no notices provided and you are deemed aware of and bound by these changes. We also reserve the right to refuse to provide you access to the Platform or to allow you to open an Account with us for any reason.

2. PURCHASE TERMS

2.1 Registration

Before any order can be placed, an Account has to be registered on this Platform. All information submitted has to be accurate and any information provided to the Platform should be keep up to date through the related sections throughout the Platform.

2.2 Purchase Agreement

By creating an order on the Platform, you hereby agree that the information provided by the platform is an invitation to treat and is not any shape of form to be an offer or binding contract. You also agree that your order is an offer to purchase the products that are listed in your order.

All orders submitted are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or refuse to accept an order without providing reasons and with no liability to you or any third parties. If your order is not confirmed within ten (10) working days. It is deemed to have been refused.

In the event of an order not being accepted by us, we shall be entitled to cancel your order and we will of course provide you the refund of the order with accordance to the Refund Policy stated below.

An order is considered accepted by us, when the order has been shipped to the delivery address prepared by you, To view any information regarding your order or order status please refer to the Order section within the Platform. If your order consists of more than one item, the products may be delivered to you in separate packages at separate times.

2.3 Product Pricing and Payment

While we would work to the best of our abilities to ensure all product information regarding description and prices on the Platform would be accurate. If any error were to be discovered on any of the products in which you have ordered, we might, at our sole discretion, decide to cancel your order in which an email will be sent to notify you regarding the changes to your order. If you have paid for your order, a refund will be issued in accordance with the Refund Policy.

where applicable, prices would include SST and are in Malaysian ringgit. Delivery charges will be charged in addition if applicable; such additional charges would be clearly displayed and included in the ‘Total Price’

2.4 Merchant Obligation

Merchant shall properly manage and ensure any information and pricing will be accurate and not misleading.

3. ORDER CANCELLATION

Cancellations are only applicable to orders that have not been shipped out. If you wish to cancel your order, you may do so using the Platform. Any payment made will be refunded in accordance with the Refund Policy.

For every order cancellation, a reason is needed in order to proceed. The reason of the order cancellation can be chosen from the selected list of reason or you may provide a reason if the options provided does not reflect to the reason of your cancellation.

Each Cancellation is subject to approval.

4. RETURN AND REFUND POLICY

If you are not completely satisfied with your purchase, you may head to the nearest respective Merchant and arrange a return or exchange with the respective Merchant. Any return of products are subject to the Merchant discretion. However this is only applicable for all physical products, all vouchers are not applicable.

If an order is cancelled and approved, a refund will be issued, but please note that it may not be a full refund. Any refund issued would take up to 14 business days upon approval of the cancellation to be credited to the original payment method used for the order. 

exclusive may reserve the right to refuse refunds under certain circumstances, but this would be subject to the merchant’s discretion.

5. DELIVERY TERMS

Any and all deliveries if applicable would be managed and handled by the Merchant of the product. Thus all liabilities are to be handled by Merchant.

6. INTELLECTUAL PROPERTY RIGHTS

Any and all contents provided by the platform not limited to text, graphics, logos, icons, and digital download and design of the Platform are the property of exclusive platform and its affiliated or third party intellectual property owners are therefore protected by copyright laws. All rights are reserved.

No part or parts of this Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

7. LIMITATION OF RESPONSIBILITY AND LIABILITY

Any and all products listed on this Platform are provided without any guarantee, condition or warranties towards its accuracy. Therefore to the maximum extent permitted by applicable law, exclusive shall not be liable for any damages including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable.

Within this Terms of Service, you acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services provided by this Platform is to request to terminate your account and/or discontinue any use of this Platform.

8. GOVERNING LAWS

These Terms of Service shall be interpreted and governed in accordance with the laws of Malaysia. Both we and you hereby agree to submit to the jurisdictions of the Courts of Malaysia

Last Modified: 10 January 2023