Terms of Use for Exbit Store

1. Introduction and Acceptance of Terms

Welcome to Exbit Store (https://exbit.store) (the “Platform”), owned and operated by Kompotech Sdn. Bhd. (“Exbit Store”, “We”, “Us”, “Our”). These Terms of Use (“Terms”) govern Your access to and use of the Platform, including all content, features, and services offered on or through the Platform (collectively, the “Services”).

By accessing, browsing, registering for an Account, or otherwise using the Platform or its Services, You acknowledge that You have read, understood, and agree to be bound by these Terms, Our Privacy Policy, Refund Policy, Payment Terms, Delivery Terms, and any other terms and conditions or policies referenced herein or made available on the Platform (collectively, the “Agreements”).2 These Agreements constitute a legally binding contract between You and Exbit Store, recognized under Malaysian law, including the Electronic Commerce Act 2006 which validates electronic contracts.37

If You do not agree to these Terms or any part of the Agreements, You must not access or use the Platform or its Services.

2. Definitions

In addition to the terms defined in Section 1.5 (Introduction), the following definitions apply within these Terms of Use:

• “Content” includes all text, data, graphics, images, photographs, audio, video, software, applications, and any other information or material accessible on or through the Platform.

• “User Content” means any Content that Users (including You) submit, post, display, or otherwise make available on or through the Platform (e.g., product reviews, comments), if such features are enabled.

3. Eligibility and Account Registration

• Eligibility: To use Our Platform and Services, You must be at least 18 years of age or the age of legal majority in Your jurisdiction of residence and capable of forming a binding contract. If You are under 18 years old (a “Minor”), You may only use the Platform and Services with the prior consent, involvement, and supervision of Your parent or legal guardian. By allowing a Minor to use the Platform, the parent or legal guardian agrees to be bound by these Terms on behalf of the Minor and shall be responsible for all use of the Account or Services by the Minor, including any transactions made.2

• Account Creation: To access certain features of the Platform, such as making purchases, You may be required to register for an Account. When You create an Account, You agree to:

• Provide true, accurate, current, and complete information about Yourself as prompted by the registration form.

• Maintain and promptly update Your Account information to keep it true, accurate, current, and complete.

• Account Security: You are solely responsible for maintaining the confidentiality of Your Account login credentials (including Your username and password) and for all activities that occur under Your Account, whether or not authorized by You.2 You agree to immediately notify Exbit Store of any unauthorized use of Your Account or any other breach of security. Exbit Store will not be liable for any loss or damage arising from Your failure to comply with this security obligation.

• Account Suspension/Termination: Exbit Store reserves the right, in its sole discretion, to refuse registration of, suspend, or terminate Your Account or Your access to the Platform or Services for any reason, including but not limited to:

• Violation of these Terms or any other Agreements.

• Creation of an Account with a User ID deemed offensive, vulgar, or inappropriate.

• Extended periods of inactivity.

• Engaging in fraudulent, illegal, or abusive behavior.

• Creating multiple accounts for disruptive or abusive purposes.

• Any other conduct that Exbit Store deems harmful to its business interests, the Platform, or other Users.2

4. User Responsibilities and Conduct

As a User of the Exbit Store Platform, You agree to:

• Use the Platform and Services only for lawful purposes and in a manner consistent with these Terms and all applicable Malaysian laws and regulations.23

• Be solely responsible for any User Content You submit, post, or display on the Platform (if such features are available). You warrant that You own or have the necessary rights and permissions to use and authorize Exbit Store to use Your User Content as described in these Terms, and that Your User Content does not infringe upon the rights of any third party or violate any applicable laws.

• Interact with other Users (if applicable) and Exbit Store personnel in a respectful and lawful manner.

• Comply with any guidelines or rules posted on the Platform regarding specific Services or features.

5. Prohibited Activities

You are strictly prohibited from engaging in any of the following activities in connection with Your use of the Platform and Services. This comprehensive list is essential for maintaining platform integrity, security, and legal compliance, allowing Exbit Store to take appropriate action against violations 2:

• Violating any applicable local, state, national, or international law, regulation, or rule.

• Infringing upon or violating Our intellectual property rights or the intellectual property rights of others (including copyright, trademark, patent, or trade secret).

• Uploading, posting, transmitting, or otherwise distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

• Impersonating any person or entity, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity.

• Transmitting any material that contains software viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

• Interfering with or disrupting the operation of the Platform or Services, or the servers or networks connected to the Platform, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Platform.

• Attempting to gain unauthorized access to the Platform, other User Accounts, computer systems, or networks connected to the Platform, through hacking, password mining, or any other means.

• Using any automated means, including robots, spiders, scrapers, cheats, mods, or data mining tools, to access, monitor, or collect data from the Platform or Services without Our prior written consent.23

• Creating or operating multiple User Accounts for the purpose of manipulating the Platform’s features, promotions, or engaging in any form of abusive behavior.

• Engaging in any activity that constitutes commercial resale of Goods purchased for personal, non-commercial use, if such resale is restricted by Exbit Store.

• Providing false, inaccurate, or misleading information to Exbit Store or in connection with Your Account or use of the Services.

• Engaging in any fraudulent activity, including but not limited to credit card fraud, payment fraud, or identity theft.

• Using the Platform for “spamming,” “phishing,” “pharming,” or transmitting unsolicited advertising or promotional materials, or engaging in “pyramid schemes” or similar fraudulent schemes.2

• Collecting or storing Personal Data about other Users without their express consent.

• Modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Platform or Services.

• Removing any copyright, trademark, or other proprietary rights notices contained in or on the Platform. This extensive list empowers Exbit Store to enforce its rules effectively, thereby maintaining a secure and trustworthy environment, which is crucial for the long-term success and reputation of the Platform.

6. Intellectual Property Rights

All content, features, and functionality on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation and arrangement thereof (collectively, the “Intellectual Property”) are the exclusive property of Kompotech Sdn. Bhd., Our licensors, or Our content suppliers, and are protected by Malaysian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.2

Exbit Store grants You a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Platform and its Services, strictly in accordance with these Terms. This license does not include any right to:

• Resell or commercially use the Platform, Services, or its Intellectual Property.

• Collect and use any product listings, descriptions, or prices for commercial purposes.

• Make any derivative use of the Platform, Services, or its Intellectual Property.

• Download, copy, or otherwise use Account information for the benefit of any third party.

• Use data mining, robots, or similar data gathering and extraction tools.

No part of the Platform or its Intellectual Property may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of Exbit Store. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Exbit Store without express written consent. You may not use any meta tags or any other “hidden text” utilizing Exbit Store’s name or trademarks without the express written consent of Exbit Store. Any unauthorized use terminates the permission or license granted by Exbit Store.

7. Purchases and Orders

• Contract of Sale: When You place an order to purchase Goods from the Platform, You are making an offer to Kompotech Sdn. Bhd. (as Exbit Store is the direct seller) to buy the Goods described in Your order. The actual contract for the sale and purchase of Goods is directly between You (the Buyer) and Kompotech Sdn. Bhd. (the Seller).2 Should Exbit Store evolve into a marketplace hosting third-party sellers, this clause will be revised accordingly to reflect that contracts are formed between Buyers and those third-party Sellers.

• Order Acceptance and Confirmation: Your placement of an order does not constitute acceptance of Your offer by Exbit Store. All orders are subject to acceptance by Us. We may, in Our sole discretion, refuse or cancel any order for any reason, including but not limited to unavailability of Goods, errors in product descriptions or pricing, suspicion of fraudulent activity, or if Your order violates these Terms. An order is typically considered accepted when We dispatch the Goods and send You a shipping confirmation email.

• Accuracy of Information: You are responsible for ensuring that all information You provide in relation to Your order, including billing, payment, and shipping details, is accurate, complete, and current. Exbit Store is not responsible for any delays, non-delivery, or additional costs incurred as a result of inaccurate or incomplete information provided by You.

8. Product Information and Pricing

• Product Descriptions: Exbit Store endeavors to provide accurate and up-to-date descriptions, images, and specifications for all Goods offered on the Platform. However, We do not warrant that such information is error-free, complete, reliable, current, or free of inaccuracies.39 Colors of products may vary depending on Your monitor settings.

• Pricing: All prices for Goods are listed in Malaysian Ringgit (MYR). Prices are subject to change at any time without prior notice. The price applicable to Your order will be the price displayed on the Platform at the time You complete Your purchase, subject to correction for any errors.

• Taxes and Fees: Prices displayed for Goods may or may not include applicable taxes (such as Sales and Service Tax – SST) and shipping fees. Any applicable taxes and shipping fees will be calculated and clearly communicated to You at the checkout stage before You confirm Your order.3

• Pricing Errors: In the event that a Good is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information, Exbit Store shall have the right to refuse or cancel any orders placed for Goods listed at the incorrect price, whether or not the order has been confirmed and Your payment processed. If Your payment has already been processed for a cancelled order, Exbit Store will issue a refund to Your original payment method for the amount paid.

9. Third-Party Links

The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by Exbit Store. These links are provided for Your convenience only. Exbit Store does not endorse, and is not responsible or liable for, the content, products, services, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that Exbit Store shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or resources. You access and use such third-party links and resources entirely at Your own risk.

4.10. Disclaimers and Limitation of Liability

This section is critical for legal protection and must be drafted carefully to be enforceable under Malaysian law, particularly considering the Consumer Protection Act 1999, which provides certain non-excludable guarantees for consumers.24

• “As Is” and “As Available” Basis: THE PLATFORM, SERVICES, AND ALL CONTENT AND GOODS PROVIDED OR MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.2

• No Guarantee of Uninterrupted Service: EXBIT STORE DOES NOT WARRANT THAT THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.2 YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK.

• Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE MALAYSIAN LAW, IN NO EVENT SHALL KOMPOTECH SDN. BHD., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR SERVICES;

• (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;

• (III) ANY CONTENT OBTAINED FROM THE PLATFORM OR SERVICES;

• (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR

• (V) ANY OTHER MATTER RELATING TO THE PLATFORM OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EXBIT STORE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.2

OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM OR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO EXBIT STORE FOR GOODS PURCHASED IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED MALAYSIAN RINGGIT (MYR 100.00). This monetary cap is inspired by practices of other platforms 2 but must be considered in light of Malaysian consumer law.

• Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You if prohibited by applicable law. Nothing in these Terms shall limit or exclude any liability that cannot be lawfully limited or excluded under Malaysian law, including liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation. The Consumer Protection Act 1999 provides for certain implied guarantees that cannot be excluded in consumer contracts.

A well-drafted disclaimer and limitation of liability clause can significantly reduce Exbit Store’s financial exposure from potential claims. However, it is crucial to understand that such clauses cannot override fundamental consumer protections afforded by Malaysian law. It is highly advisable for Kompotech Sdn. Bhd. to seek specific legal counsel review for this particular clause to ensure its enforceability and compliance.

11. Indemnification

You agree to defend, indemnify, and hold harmless Kompotech Sdn. Bhd., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or Your use of the Platform or Services, including, but not limited to, Your User Content (if applicable), any use of the Platform’s content, services, and products other than as expressly authorized in these Terms, or Your use of any information obtained from the Platform.2

12. Termination

• Termination by Exbit Store: We may, in Our sole discretion, suspend or terminate Your Account and/or Your access to all or part of the Platform and Services at any time, with or without prior notice or liability, for any reason whatsoever, including, without limitation, if You breach these Terms or any other Agreements.2

• Termination by You: You may terminate Your Account at any time by following the instructions on the Platform or by contacting Our Customer Service. Termination of Your Account does not relieve You of any obligations to pay any outstanding fees or charges owed to Exbit Store.

• Effect of Termination: Upon termination of Your Account or access to the Platform, Your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

• Governing Law: These Terms and Your use of the Platform and Services shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law.2 The choice of Malaysian law provides a familiar and predictable legal environment for a Malaysian-based business.

• Dispute Resolution:

1. Amicable Negotiation: In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.2

2. Arbitration: If the parties do not reach such solution within a period of sixty (60) days, then upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the Asian International Arbitration Centre (“AIAC”) in Kuala Lumpur, Malaysia, in accordance with the AIAC Arbitration Rules for the time being in force, which rules are deemed to be incorporated by reference in this clause.2 The number of arbitrators shall be one. The language of the arbitration shall be English. The seat of arbitration shall be Kuala Lumpur, Malaysia. The arbitral award shall be final and binding on the parties. Arbitration is often preferred for e-commerce disputes due to its potential for faster resolution and specialized expertise.

3. Tribunal for Consumer Claims: Notwithstanding the foregoing, for disputes falling within the jurisdiction of the Tribunal for Consumer Claims Malaysia, a Buyer may choose to submit such claims to the Tribunal in accordance with the Consumer Protection Act 1999.2 This acknowledges a key avenue for consumer redress in Malaysia. This structured approach to dispute resolution provides clarity and aims for efficient conflict management, potentially saving costs and time compared to open court litigation.

14. Changes to Terms of Use

Exbit Store reserves the right, at Our sole discretion, to modify or replace these Terms at any time.2 If a revision is material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect, such as by posting a notification on the Platform or sending an email to Your registered email address. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Platform or Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Platform and the Services. We encourage You to review these Terms periodically for any changes. The “Last Updated” date at the top of these Terms indicates when they were last revised.

15. Miscellaneous

• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

• Waiver: No waiver by Exbit Store of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Exbit Store to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

• Entire Agreement: These Terms, together with Our Privacy Policy, Refund Policy, Payment Terms, Delivery Terms, and any other policies or operating rules posted by Us on the Platform or in respect to the Services, constitute the entire agreement and understanding between You and Exbit Store with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Exbit Store with respect to such subject matter.

• Assignment: You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent. Exbit Store may assign or transfer Our rights and obligations under these Terms, in whole or in part, to any third party at Our sole discretion without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

• Headings: The section headings used in these Terms are for convenience only and will not be given any legal import.

16. Contact Us

If You have any questions, concerns, or comments about these Terms of Use, please contact Us at:

Kompotech Sdn. Bhd.

Attn: Legal Department / Customer Service

Email: [[email protected]] or [[email protected]]

Phone: [Insert Phone Number, if applicable]