Terms & Conditions
The Mini-Shop platform provides a means to enable an individual or persons (“Partner”) who seek to run retail business at his/her choice of destinations and sell the product to the “Consumer”. The Mini-Shop platform also offers information and a method to connect Consumer and product supplier (“Supplier) with each other but does not acts in any manner not related to retail business.
The business as mentioned above shall collectively be defined as the "business". These terms and conditions shall govern your use of and participation as Partner in the Mini-Shop platform.
- Below are the terms and conditions of Mini-Shop, a community marketplace concept application and platform (“platform”) owned and operated by Imagine Orcs Sdn. Bhd. (Company no. 1230987-H), incorporated in Malaysia. By your sign up and/or usage of Mini-Shop services, website and products, you are legally and automatically bound to these terms and conditions without conditions.
- By virtue of your sign up and/or usage, you accept all terms and conditions of the Mini-Shop platform. This means that you affirm your understanding of the terms and conditions of Mini-Shop and are within full capacity to enter into transaction with Mini-Shop and Imagine Orcs Sdn. Bhd for its services and/or products.
- Please read these terms and conditions carefully before signing up and using the services. If you do not agree to be bound by these terms and conditions, please do not use or access the Mini-Shop platform or sign up for any of the services provided on the platform. You may elect to read these terms and conditions again at any time after signing up and/or using our services.
- These terms and conditions, and its updates are subject to the discretion of the Mini-Shop management team at any time, notice thereof shall be posted on the Mini-Shop platform as and when needed. You are bound by all amended terms or updates which become effective upon their posting on the Mini-Shop.
PURPOSE OF SCOPE AND OPERATIONS
Mini-Shop is an app/web-based communications platform that operates as an online marketplace for products and services. This is done by having the people (Partner) in offering the potential clients (Consumer) the products orservices in the lawful and selected location at Partner’s convenient.
Users of Mini-Shop are subject to an extensive vetting process when they register to be a Partner and during their use of the Mini- Shop platform including but not limited to a verification of identity and a comprehensive criminal background check. Those seeking to register to be a Partner hereby consent to Mini-Shop conducting these background checks as often as necessary in compliance with Malaysia’s state and federal laws. Once verified, aspiring Partner must attend a training session and complete a multiple-choice test to validate their understanding of what is taught and to ensure their competency skills in running basic retail business are acceptable.
ACCEPTABLE USE POLICY
Users of Mini-Shop may not in any way utilize the online platform for any activity that:
- Violates any state and federal law or government regulation in Malaysia
- Violates any rule or regulation stating the acceptable code of conduct enforced by Mini-Shop on its Partners
- Violates any rule or regulation by Visa, Mastercard or any Credit Card Network that is utilized by Mini-Shop on its platform for payment use
- Violates any rule or regulation by Mobile Wallet Network that is utilized by Mini-Shop on its platform for payment use
- Violates any rules or regulations dictated by our payment service provider
- Is fraudulent, deceptive, unfair or predatory
- Causes or threatens reputational damage to Mini-Shop or any Credit Card Network
- Involves any of the business categories which are age-restricted such as alcoholic beverage (exceptions apply if age is verified)
- Results in or creates significant risk of chargebacks, penalties, damages or other harm or liability
TERMINATION AND SUSPENSION
Mini-Shop reserves the right to terminate or suspend your right to use the online platform in the event we believe that you have breached this Agreement by providing you with a written or email notice of such breach/termination/suspension that will be effective immediately upon delivery. If your right to use Mini-Shop is terminated or suspended, this agreement will remain enforceable against you. You may terminate this agreement at any time by ceasing all use of the Mini-Shop platform. All sections which by their nature should survive the expiration or termination of this agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement.
ELIGIBILITY AND REPRESENTATIONS
- Our services at Mini-Shop and through the Mini-Shop platform are available only to, and may only be used by individuals of 18 years of age and above. By signing up and/or participating as Partner, you represent and warrant that you meet this requirement. You also represent and warrant that you have the right, authority and full capacity to be a Partner.
- Your information is any information you provide, publish or display ("publish") to the Mini-Shop platform. Your information will be stored on computers and in our business server. However, any personal information provided by you shall be collected, stored and retained by Imagine Orcs Sdn. Bhd and its affiliate companies. in accordance of the provisions of the Personal Data Protection Act 2010, a copy of the act is available for view at the library records of the Bar Council of Malaysia or online. By your sign up and/or usage of the services, you consent to us using your information to create a Partner account that will allow you to participate in the services.
- By signing up in the Mini-Shop platform and/or using the services, you agree that we may obtain personal information including and without limitation to your identification, contact details or points, driving record, references and/or credit information. You hereby authorize Mini-Shop and Imagine Orcs Sdn. Bhd. to perform necessary background checks for its purposes, and further agrees to provide any necessary authorization to facilitate our access to necessary information for the purposes of the business of Mini-Shop.
- You are solely responsible for your information and your interactions with other people in the public, and we act only as a passive conduit for your online posting of your information. When you use the Mini-Shop platform, you agree to provide accurate, current and complete information as prompted by our registration form and to maintain and timely update your information to keep it accurate, current and complete at all times during the term of the agreement. You also agree that Imagine Orcs Sdn. Bhd, participants in the Mini-Shop platform and the public may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this your use of the services without notice to you.
- You are allowed to one Mini-Shop account on the Mini-Shop platform or authority over one Mini-Shop account thereon. You are also responsible for maintaining the confidentiality of any password provided by you or Mini-Shop for accessing the services. Additionally, you are solely and fully responsible for all activities that occur under your password or account.
- Mini-Shop represents that it has no control over the use of its Partner's account at all times and expressly disclaims any or all liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact the Mini-Shop administrators immediately. Mini-Shop and Imagine Orcs Sdn. Bhd. reserves the right to take any legal action against you for misrepresentation for any loss or damage suffered as a result of any misuse or abuse of your account.
- Mini-Shop tries its best to protect the privacy of data exchange in the Mini-Shop platform from misrepresentation, third party abuse or internal hacking but shall not be liable or claims no admission to liability in the event of any damage or loss occurs to the Partner. All data exchange outside the Mini-Shop platform between the Consumer and Partner is strictly at the risk of the Consumer and Partner.
- By using the Mini-Shop platform and the services, you as the Partner, represents, warrants and agrees that:
- the Partner will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws including being involved in any criminal, drug or unlawful activities;
- the Partner is solely responsible and shall indemnify all claimants including Imagine Orcs Sdn. Bhd. and its representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Mini- Shop, the Mini-Shop platform at all times;
- the Partner shall not treat, name or hold Mini-Shop or Imagine Orcs Sdn. Bhd. responsible for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Mini-Shop, the Mini-Shop platform by the Partner; and
- the Partner makes and will make all necessary declarations on the Mini-Shop platform or if asked from time to time by Eternal Meteor Sdn. Bhd. about restricted activities.
- the Partner will be solely responsible for its own safety during the retail operation.
- All Partners are independent contractors of Imagine Orcs Sdn. Bhd. only.
- Partner's relationship through the Mini-Shop platform and with Imagine Orcs Sdn. Bhd. shall be treated as neither a partner nor an employee of Imagine Orcs Sdn. Bhd.. Partner shall be responsible for all taxes in respect of fees and monies and his own social security contributions and the Partner undertakes to compensate Imagine Orcs Sdn. Bhd. in full on demand for any liability it and its representatives suffer if the Malaysian Inland Revenue Board or other relevant government department treats the Partner in this case as an employee for the purposes of taxation and/or social security.
- By being a Partner, Imagine Orcs Sdn. Bhd. is entitled to submit any necessary information and document collected to the Malaysian Inland Revenue Board or any other government department without needing a court order for the purposes of resolving any issue faced in respect to the Partner.
- You agree that you will use the services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate, inform the other users in the Mini-Shop regarding you and terminate your participation in the Mini-Shop platform if you have misused the Mini-Shop platform or the services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
- With respect to your participation on the Mini-Shop platform or through the services, you agree that you will not:
- express or imply that any statements you make are endorsed by us, without our specific prior written consent;
- publish, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- remove any copyright, trademark or other proprietary rights notices contained in the service;
- interfere with or disrupt the services or the Mini-Shop platform or the servers or networks connected to the services or the Mini-Shop platform;
- post, email or otherwise transmit any material that contains software viruses 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;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the service;
- "frame" or "mirror" any part of the service, without our prior written authorization or use meta tags or code or other devices containing any reference to us or the services or the Mini-Shop platform in order to direct any person to any other web site for any purpose; or
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the services or any software used on or for the services or cause others to do so.
- You further agree that your information and your interactions with Imagine Orcs Sdn. Bhd, on or through the Mini-Shop platform shall not:
- be false, inaccurate or misleading (directly or by omission or failure to update information);
- infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation or do anything that becomes a restricted activity as per these terms of service;
- be anything expressly or impliedly defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;
- contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
- contain any viruses, trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- create liability for us or cause us to become subject to regulation as a delivery carrier or provider of courier service; or
- link directly or indirectly to any other web sites
- allow any transfer, use, or sell your Mini-Shop account and/or id to any another party
- cause or allow to cause any infringement of policies, terms of service, terms and conditions and written agreements of the Mini-Shop and Imagine Orcs Sdn. Bhd.
We reserve the right, but we have no obligation, to reject or take action against any Partner that does not comply with these prohibitions.
BILLING AND PAYMENT
Partners of the Mini-Shop platform is expected to pay in advance for the products or services vide the Mini-Shop platform. By using Mini-Shop you will be required to provide your bank account details and credit/debit card to Mini-Shop and to the Payment Service Provider utilized by Mini-Shop. Partners will be responsible for paying the purchase. By agreeing to use Mini-Shop and not utilizing cash-on hand payment, you agree to make online payments through Mini-Shop’s payment service provider and thereby agree to their terms of service.
1. Payment Terms
This constitutes a legal agreement between you and Imagine Orcs Sdn. Bhd., governing your access to and use of our Services as a paying customer.
2. Changes of Terms
We may amend the Payment Terms from time to time in our sole discretion without notice or liability to you. It is your responsibility to review these Payment Terms periodically. By continuing to use the Services following such amendments to the Payment Terms, you agree to be bound by such amendments. If you do not agree to the Payment Terms, now or at any time, please do not use the Site, Applications, Subscription Plans, or any of the Paid Services.
3. Minimum Requirements
4. Price Adjustments
We may adjust the product cost and operating charges at any point in time. If you continue to use Mini-Shop, you shall be deemed to have accepted the new cost for that renewal term and any subsequent renewal terms.
5. Accessing Our Services
We make every effort to ensure that our Services are always available, but we cannot guarantee that Services will not be uninterrupted. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Payment Terms and other applicable terms and conditions, and that they comply with them.
6. Refund Policies
The goods sold and delivered are not returnable once it is agreed and accepted by the recipient with proof on the goods received notes (GRN). The goods delivered if found defected during delivery must be notified to the delivery team and reject the goods. Once there is return during the goods delivery process, the refund will be payable back to Mini-Shop partner as credit within the system. This credit can be used for next purchase or to withdraw through selected banking facilities nationwide.
- At Mini-Shop, we do not procure insurance for, nor are we responsible for instances of personal loss or injury, and property loss or damage experienced during your participation with Mini-Shop or its platform. We also do not procure insurance for items delivered as part of any delivery service offered by Partner. All Partners are responsible to obtain their insurance or protection against risk and shall not hold Mini-Shop and/or Imagine Orcs Sdn. Bhd. liable or responsible for damage or loss suffered. However, Mini-Shop and/or Imagine Orcs Sdn. Bhd. reserves the right to recover compensation or claim indemnity against the Partners for direct or indirect damage or loss suffered.
- To protect the smooth operations of the Mini-Shop platform, Imagine Orcs Sdn. Bhd. is insured against risk and loss directly caused by Mini-Shop employees and Imagine Orcs Sdn. Bhd.
SOCIAL MEDIA AND NETWORKING SITES
- As part of the functionality of the Mini-Shop platform, you may be able to login through online accounts you may have with third party service providers (each such account, a “third party account”) by either providing your third party account login information through the Mini-Shop platform; or allowing Mini-Shop to access your third party account, as is permitted under the applicable terms and conditions that govern your use of each third party account.
- You represent that the Mini-Shop platform is entitled to disclose your information in the Mini-Shop platform, social media and its networking sites, without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating Mini-Shop to pay any fees or making Mini-Shop subject to any usage limitations imposed by such third party service providers. By granting Mini-Shop access to any third party accounts, you understand that Mini-Shop may access, make available and store (if applicable) any content that you have provided to and stored in your third party account (the “social networking site/sns content”) so that it is available on and through the Mini-Shop platform via your account, including without limitation any friend, contacts or following/followed lists, and Mini-Shop may submit and receive additional information to your third party account as indicated herein.
MINI-SHOP E-MAIL AND TEXT COMMUNICATIONS
- E-mail communications and text messages sent from or through the Mini-Shop platform or Imagine Orcs Sdn. Bhd. are designed to make your Mini-Shop experience more efficient. By becoming a poster, you specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us or through us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available Partnered and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. Mini-Shop reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, please do not use the services or sign up in the Mini-Shop platform.
- Location data provided by the Mini-Shop platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Mini-Shop, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the services. Any of your information, including geolocational data, you upload, provide, or post on the Mini-Shop platform may be accessible to certain spaces in the Mini-Shop platform. We cannot verify or guarantee the accuracy of the information a Partner provides us on the Mini-Shop platform, and we do not control the information provided by other Partners that is made available through our system. Therefore, Mini-Shop cannot and does not confirm each Partner's purported identity. You may find other partner's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Mini-Shop platform. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the Mini-Shop platform, you agree to accept such risks and Mini-Shop is not responsible for the acts or omissions of others on the Mini-Shop platform. In order to help you evaluate with whom you are dealing, Mini-Shop can link to a partner's facebook.com profile if they supply us with their facebook.com account information.
- Imagine Orcs Sdn. Bhd. owns and retains ownership of the Mini-Shop platform, and all intellectual property therein. Contingent upon your compliance with the terms and conditions of this agreement, Mini-Shop hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Mini-Shop platform on any desktop or mobile device that you own or control and as permitted by these terms and conditions of service. This license does not allow you to use the Mini-Shop platform on any mobile device that you do not own or control, and you may not distribute or make the Mini-Shop platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Mini-Shop platform. You may not copy (except as expressly permitted by this license and the usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mini-Shop platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Mini-Shop and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Mini-Shop that replace and/or supplement the Mini-Shop platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Except as explicitly stated otherwise, any notices to Mini-Shop shall be given by certified mail, postage prepaid and return receipt requested to:
IMAGINE ORCS SDN BHD.
Block B-1-39 & 40, Dataran Cascades,
No. 13A, Jalan PJU 5, Kota Damansara,
47810 Petaling Jaya, Selangor Darul Ehsan, MALAYSIA.
Additionally, any notices to you shall be provided to you through the Mini-Shop platform or given to you via the email address you provide to Mini-Shop during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Mini-Shop during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the service, you should first contact our customer service department by email at support@Mini-Shop.com. If our customer service department is not able to resolve your complaint within 60 days from the date of the filing, you may write to us officially on the matter at the address above, failing a response within 14 days thereof, file a complaint with the Tribunal for Consumer Complaints Of Malaysia as stipulated in the Consumer Protection Act 1999.
BREACH & INDEMNITY
Without limiting other remedies, we may terminate your participation, remove your information, warn our community of your actions, issue a warning, and refuse to provide our services to you if:
- you breach this agreement or the documents it incorporates by reference;
- we are unable to verify or authenticate any information you provide to us;
- we believe that your actions may cause financial loss or legal liability for you, our Partners or us, or subject Mini-Shop or you or any other poster to regulation by any state or local government or regulatory agency; or
- if we suspect that you have engaged in fraudulent activity in connection with the Mini-Shop platform or the services.
You will defend, indemnify, and hold us and our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the service, including:
- your breach of this agreement or the documents it incorporates by reference;
- your violation of any law or the rights of a third party, including, without limitation, partner as a result of your own interaction with such third party;
- any allegation that any materials that you submit to us or transmit to the services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
- any other activities in connection with the services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.