TERMS AND CONDITIONS
Welcome to www.wimura.com, an online marketplace that provides a platform for vendors and purchasing customers to meet in order to exchange goods and services. We ask that you carefully read these terms and conditions (thereafter called “agreement” or “contract”) before using the website and other services and applications offered by Wimura. This Agreement sets out the legally binding terms and conditions for your use of our website and all other Wimura services. By usingour website in any way, you (the user) consent to be bound by this Agreement, whether you are a vendor/seller, a customer/purchaser, or a casual visitor to the website.
DEFINITION OF KEY TERMS
In this agreement, the following terms shall be translated to mean:
We/Us – This shall refer to Wimura.
User/You – Used interchangeably, this shall refer to a user of our services, a vendor, a customer/purchaser or a casual visitor.
Vendor/Seller – Someone who makes goods and/or services available for purchase on the website
Customer/Purchaser – Someone who makes a purchase through the website
Wimura content - All content that Wimura makes available through the website, servicesorother applications. This excludes user content, but shall include all third party licensed content. It comprises content, pictures, design,music, programming, video, sound, software, data or other materials.
Usercontent –This shall refer to all content that a user uploads, posts, transmits, submits, or incorporates into his/her listing or profile and that is made accessible through the website, servicesorapplication. Wimura does not claim ownership rights in users’ content.
Website/site – This shall refer to www.wimura.com
Terms/Agreement/Contract: Used interchangeably, these shall mean these terms and conditions
To be able to access and use certain parts of our website, you will be required to register as a user. For this registration process to be deemed complete, you will have to provide your email address and a password, and these will be used to create a personal Wimura user account for you. You may register as either a vendor or a customer.
As access to your account and its transactions on the website is through your email address and password, we ask that you always keep your account information safe and confidential. Wimura is not liable for any damage or loss arising from loss/misappropriation of password and account information.
You must keep your account details current and accurate at all times, and this includes always using a valid email and address.
You personally certify that you have the power to bind an entity to this contract if you are registering as a business entity.
You may only possess one Wimura account.
We provide this website for both personal and commercial use exclusively for users who have attained the legal age of 18 or are older. We grant such eligible users a limited, nonexclusive, revocable, non-assignable, and nonsublicensable license to use Wimura in compliance with these terms and conditions.
As a user, you are allowed to view pages from the Wimura website in a web program; and you may download pages from our website for the purpose of caching in a web program; stream sound and video documents from our site; print pages from our site; and generally use our website services through a web program. You must not adjust or alter any material on our website except as explicitly allowed by this agreement.
Except you own or control the relevant rights in a material, you may not republish material from our website, sell, lease or sub-license materials from our website; or redistribute such material without our prior written consent.
We reserve the right to restrict or limit access to certain parts of our website, or our entire website without notice and at our discretion. Should than occur, you may not attempt to circumvent access restriction measures placed on our website.
ACCEPTABLE USE OF THE WEBSITE
Wimura reserves the right to temporarily suspend or permanently remove without notice the account of any user conducting abusive behavior towards any other user of the website or any employee of Wimura.
You must not misuse our website in any way that is illegal, dishonest, harmful or fraudulent, or in connection with any criminal activities. You may not use the Wimura website to duplicate, store, send, transmit, utilize, disseminate or distribute materials and content containing spyware, computer virus, Trojans, or other malicious computer programs and software.
You guarantee that all the information that you provide through our website, or in connection to our website, are valid, precise, current and non-misleading.
You also understand that your use of external services installed inside the website is subject to the external supplier's terms and conditions.
Your conduct and activities on Wimurais your sole responsibility, including any and all data, text, information, usernames, graphics, images, profiles, photographs,audio, items, video, and links that you display, upload, and post on Wimura.
You may not allocate, transfer or permit any other individual to use your account; and/or act in any way that infringes or violates other people’s rights, breaks the law, or breaches any contract or legal duty that you have toward a third party.
You may not reverse engineer any portion of Wimura in an effort to access source codes, algorithms or underlying ideas; place an unreasonable load on our infrastructure, or that of our third-party providers by reason of irresponsible use; or send any junk e-mail to other users.
You may not use our website to offer any rewards that are illegal, violate any of our rules, policies, or guidelines, or that violates any applicable law or regulation.
Do not try to unlawfully access any sensitive information available on the website or on any of the networks that we use to provide the service. You must also not use any type of software or device to “crawl” or “spider” any portion of the website; or interfere with any other user’s use of the website.
You also may not transmit, post or email to any other Wimura user any material, which in the opinion of Wimura is racist, threatening, sexually explicit or suggestive, libelous, abusive, or obscene; and/or transmit, post or email to any other user any material, which in the rational discretion of Wimura is capable of offending other users’ political or religious views.
You may not upload or duplicate any information whose Intellectual Property Rights belong to a third party without the written approval of the owner of such rights.
You mustconformto all local laws regarding online conduct and acceptable content, and are also responsible for all relevant taxes payable as a result of your activity on the website.
If you are discovered to violate any of the provisions of this contract, we will hold you solely responsible for any legal costs and losses arising out of such a breach. We may terminate your use of the website without any prior warning if you breach any of these terms.
Any material that you transmit to the website by e-mail or otherwise, including but not restricted to any data, comments, questions, and suggestions will be regarded as and treated as non-proprietary and non-confidential. You hereby grant Wimura the right to use anything you transmit or upload for any purpose, counting but not restricted to reproduction, disclosure, transmission, broadcast,publication,and posting.
While any user content provided by you remains your property, by providing user content to Wimura, you grant us a worldwide, transferrable, continuous, irreversible, royalty-free license, with the right to sub-license, adjust, duplicate, make derivative works of, openly show, distribute, publicly perform, and to otherwise use such content without supplementary notice to or agreement from you, and without the necessity of compensating you or any other person or entity.
All content featured on the website is the property of Wimura, unless otherwise explicitly stated, and is protected by US and international trade restrictions, moral rights, copyright, trademark and other laws relating to intellectual property rights. The website, its content and all its related rights shall remain the property of Wimura or its licensors unless otherwise expressly agreed.
You approveand grantthat should you breach the terms of this clause, Wimurahas the right to claim damages against you, which may include (but is not limited to) the right to claim indirect, incidental, consequential or special damages. Wemay also make claims for loss of profits, revenue and business and will be entitled to recuperate all legal and litigationcosts on a scale as between attorney and own client.
You may not use Wimura's intellectual property or that of third parties for any purposes whatsoever, without Wimura's prior written consent.
CONTROL OF INFORMATION
You understand that Wimura does not control the content provided by users on the website. Some content may be harmful, inaccurate, offensive or misleading. There also exists the risks of dealing with people impersonating someone else and/or underage persons. By using Wimura services, you agree to accept such risks and that Wimura shall not be in any way answerable for any actions or blunders of users on Wimura.
Any registered vendoris authorized toupload and list products for the purpose of sales. All such listings, which will be made publicly available through the website, application and services, must relate to genuine products. Based upon the information provided therein, other users on the website can make a purchase via the website, application and services.
LISTING AND FINANCIAL TERMS FOR VENDORS/SELLERS
The customer/purchaser, not Wimura, has the sole responsibility for paying for any ordered products. Vendors are required to enter into an agreement with the customer/purchaserregarding the delivery of products and exact terms of sales.Vendors, and not Wimura, will be responsible for performing the obligations of any such agreements, andWimura is not a party to such agreements, with the exception of its payment obligations.
The total fees payable will be displayed to a customer, and this shall include a 15 per cent mark up in lieu of commission fees for Wimura. Once a customer has successfully made payment for goods ordered, we shall forward such an amount less Wimura’s commission to the vendor’s pre-specifiedpayment account.Vendormust ensure that their accounts are up-to-date.
All fees are quoted in RM Ringgit Malaysia except where stated to the contrary.All fees and taxes associated with using Wimura will be borne solely by the vendor and/or customer, as is agreed upon by the vendor and customer.
If Wimura terminates a listing or your account, if you close your account, or if the payment of your Wimura fees cannot be completed for any reason, you remain obligated to pay Wimura for all unpaid fees plus any penalties, if applicable. Vendors risk penalties such as termination of account, suspension of privileges, and/or legal action if you attempt to circumvent Wimura’s appropriate payment/fees at any time.
We will be proactive inresolving any payment processing mistakes, as we become aware of them. These steps may include crediting or charging (as suitable) the same payment method used for the original payout to or payment by you.
CANCELLATIONS AND REFUNDS
Cancellationand refunds policies are set by vendors, and thusmay vary between different vendors.
TERMS FOR CUSTOMER/PURCHASERS
As a customer/purchaser, you are solely responsible for honoring all payment obligations for purchases made. With the exception of receiving payment obligations, Vendors, and not Wimura, will be responsible for performing the obligations of any sales agreements.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE WEBSITE AND ITS CONTENT ARE PROVIDED BY WIMURA ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE AND THE CONTENT, AND YOU CLEARLY AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
WIMURA SHALL NOT BE LIABLE TO ANY USER, VENDOR/SELLER OR CUSTOMER/PURCHASER, FOR ANY SPECIAL, INDIRECT, OR RESULTING DAMAGES, ENCOMPASSING BUT NOT RESTRICTED TO LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF BUSINESS INVESTMENT.
WE WILL NOT BE LIABLE TO YOU AS REGARDS ANY LOSS OR CORRUPTION OF ANY DATA, DATABASE OR SOFTWARE. WIMURA WILL NOT BEAR ANY LIABILITY TO YOU IN RESPECT OF ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE. UNDER THIS AGREEMENT, WE ARE ONLY LIABLE TO THE MAXIMUM EXTENT OF THE COMMISSION FEES PAID FOR PRODUCTS.
WE DO NOT GUARANTEE THAT THE WEBSITE AND/OR ITS CONTENT WILL MEET YOUR INDIVIDUAL REQUIREMENTS. WIMURA DOES NOT WARRANT THAT THE WEBSITE, THE CONTENT, THE WIMURA SERVERS, ANY ELECTRONIC COMMUNICATIONS SENT BY OR FROM WIMURA ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
WE SHALL NOT BE NOT RESPONSIBLE FOR: ANY INTERRUPTION, DELAY OR FAILURE IN TRANSMISSION, EQUIPMENT OR SOFTWARE MALFUNCTION, OR HOWSOEVER OTHERWISE ARISING; OR ANY INACCURATE, INCOMPLETE OR INADEQUATE INFORMATION OBTAINED FROM THE WEBSITE BY YOU.
WIMURA WILL NOT IN ANY WAY BEAR LIABILITY FOR ANY DAMAGE OR LOSS OF ANY KIND AS A RESULT OF YOUR USE OF OUR WEBSITE OR FROM ANY CONTENT, INCLUDING, BUT NOT RESTRICTED TO, DIRECT, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGE, UNLESS OTHERWISE SPECIFIED IN WRITING.
NOTE HOWEVER THAT THE LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT DO NOT ALTER, OR INTEND TO ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPROPRIATE LAW.
BREACHES OF THESE TERMS AND CONDITIONS
Without bias to your other rights under this contract, if you are in breach of these terms and conditions, or if Wimurasensibly suspects that you have breached these terms and conditions, we maysend you a formal notice; temporarily suspend your access to our website; permanently stop your access to our website; and/or restrict computers using your IP address from gaining access to our website.
We may also contact all or any of your ISP providers and request that they bar your access to our website;initiate legalproceedings against you; and/or suspend or remove your account on our website. If we do, you must not take any action to bypass such suspension or prohibition or blocking.
As a matter of convenience, we may provide third parties links to other Websites and/or resources. The presence of these third party links does not mean that Wimura endorses such websites. Consequently, we are not responsible and will bear no liability for any content, products, advertising, or other materials available from such third party websites or resources.
DISPUTES RESOLUTION AND RELEASE
The courts of the US will be used to settle any dispute arising from or connected to the content of this contract. Should you have a dispute with other user(s), or a third party, you hereby release Wimura from any and all claims, demands and damages arising out of or in any way connected with such disputes.
You hereby consent to indemnify and hold Wimura and its officers, managers, representatives, and workers, not guilty and free from any claim, counting reasonable legal fees, brought by a third party as a result of your violation of this agreement, or your infringement of any law or the rights of a third party.
Specific provisions will be modified to reflect the parties' intention if any provision of this Agreement is held unenforceable, while all remaining provisions of this Agreement shall remain in full force and effect.
CHOICE OF LAW
Our choice of jurisdiction for the interpretation and governance of law as regards this Agreement is the United States of America.
Without prior warning and at our sole discretion, we reserve the right to modify or terminate the website, services or application at any time. We also reserve the right to modify the service fees at any time. The modified terms will be uploaded, with the last updated date at the top of this page changed accordingly to reflect such a change.If you continue to use the website and its applications after a modification of terms has been uploaded, you consent to be bound by the modified terms.