Terms of Service

Welcome to LivFashions. This document is an electronic record in terms of Electronic Commerce Act 2006 (ECA) which consist of the Rules and Regulations, Privacy policy and Terms of Service for access or usage of LivFashions e-marketplace platform - www.livfashions.com (hereinafter referred to as "Platform")

The owner of the Platform is LIVFASHIONS SDN BHD, which is an entity registered under Companies Commission of Malaysia Act, having its business address registered at S-1-28, EMPORIS KOTA DAMANSARA, PERSIARAN SURIAN, PETALING JAYA 47810, SELANGOR, MALAYSIA.

Your use of the LivFashions platform is guided by the following Terms of Service as applicable to the LivFashions including the applicable policies which are incorporated herein by way of reference. By the use of LivFashions platform, You shall be contracting with LivFashions Sdn Bhd, the owner of the Platform. These terms of service including the policies constitute Your binding obligations, with LivFashions.

In these Terms of Service, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer/seller on Platform by providing data while registering on the Platform as Registered User. The term "LivFashions","We","Us","Our" shall mean LIVFASHIONS SDN BHD.

Any services that are used through the Platform is subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Service. We reserve the right at Our sole discretion, to add, remove, change or modify the Terms of Service, at any time without any prior written notice to You. You shall ensure to review these Terms of Service regularly for updates/changes. Your continued usage of the Platform following the changes made will mean that You accept and agree to those changes. By accepting to these Terms of Service, You also accept and agree to be bound by LivFashions Policies including but not limited to Privacy Policy as amended from time to time.

User Account

The User shall be responsible to keep the details of their Username and Password confidential. The User shall be responsible for all the activities that occur under their user account. We shall have the right to suspend, terminate or block access the User’s account if the User provide any information that is false or incomplete.

Services Provided

LivFashions provides an online platform for the sale of original merchandise such as clothing and accessories from various fashion and lifestyle brands (collectively, "Products"), between Buyer and Seller. The Products can be purchased through the Platform via various methods of payments offered. The sale/purchase of Products shall be governed by sales policies such as return policy, etc. (which can be found on the Platform).

LivFashions does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Online Platform (E-Marketplace) for Buying and Selling

LivFashions is a platform for the Users to buy or sell on the Platform. It is to be noted that:

• The actual contract of sale is directly between Buyers and Sellers. LivFashions is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. LivFashions does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such contract of sale between the Buyers and Sellers.
• LivFashions does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
• LivFashions is only a platform that can be utilized by Users to reach a larger base to buy or sell products or services. LivFashions is only providing a platform for communication and it is agreed that the contract of sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall LivFashions hold any right, title or interest over the products nor shall LivFashions have any obligations or liabilities in respect of such contract. LivFashions is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
• Seller may cancel your order(s) if the pricing on any product(s) is incorrectly reflected on the platform due to some technical issue, typographical error or product information published by seller is inaccurate.
• You release and indemnify LivFashions and/or any of its directors, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the LivFashions and specifically waive any claims that you may have in this behalf under any applicable law. Furthermore, LivFashions cannot take responsibility or control the information provided by other Users which is made available on the Platform.

Terms of Use

You agree that Your use of the Platform shall be strictly governed by the following rules and regulations:

• You shall not host, display, or share any information which:

  • owned by another person and to which You do not have any right to
  • is harmful, harassing, defamatory, obscene, invasive of another's privacy, hateful, or racially, or otherwise unlawful in any manner whatever
  • is misleading in any way
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
  • promotes or conduct illegal activities
  • infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
  • contains video, photographs, or images of another person (with a minor or an adult)
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
  • interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services
  • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
  • violates any law for the time being in force
  • shall not be false, inaccurate or misleading

• A User may be considered committing fraud / cheating or loss to business based on the activities below:

  • Users does not acknowledge the payment verification mail sent by LivFashions
  • Users unable to produce sufficient documents to support the payment verification
  • Misuse of another Users's phone/email
  • Users uses invalid address, email and phone number
  • Users returns the wrong product
  • Users refuses to pay for an order
  • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to LivFashions
  • User with a very high return rate
  • Repeated request for monetary compensation for fake/used order
• You shall not use the Platform for any unlawful activities/purposes, which are against any policy and rules of the company and may interrupt or causes to interrupt, damages the use by other Users of LivFashions.
• You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads LivFashions by sharing multiple address and phone numbers or transacting with intentions to deceive.
• You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
• You shall be responsible for providing information relating to the products or services proposed to be sold by You. In relation to this, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services to mislead other Users in any manner.
• The Content posted does not necessarily reflect LivFashions views. In no event shall LivFashions assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any unlawful information.

Selling

As a registered seller:

• You should ensure that listed products are kept in stock for successful fulfilment of sales
• You must list products(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Service
• You must be legally able to sell the products(s) you list for sale on the Platform
• You must ensure that the listed products do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties
• You agree not to list a single product in multiple quantities across various categories on the Platform. LivFashions reserves the right to delete such multiple listings of the same product listed by you in various categories

Listings may only include text descriptions, graphics and pictures that describe your product for sale. All listed products must be listed in an appropriate category on the Platform. The listing description of the product must not be misleading and must describe actual condition of the product. If the product description does not match the actual condition of the product, you agree to refund any amounts that you may have received from the Buyer.

Multiple Sellers

You understand that products of a particular (same) style may be sold on the Platform by multiple sellers and the product price on the listing page of the Platform, may not always reflect the lowest price for that particular (same) style. It means that the same product can be available at various price range. This is because the price offered by the respective sellers for the product of particular (same) style on LivFashions may be different.

Delivery

LivFashions is responsible for the end-to-end fulfillment whereby we partner with third party logistics providers (3PL) to provide such service.

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is generated by third party user and LivFashions has no control over such content generated by third party user as LivFashions is merely an intermediary for the purposes of this Terms of Service. Such Content will become Our property and You grant Us the rights to use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

Indemnity

You shall indemnify LivFashions and their directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Service, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark, Copyright and Restriction

Platform is controlled and operated by LivFashions and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on LivFashions is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means.

Limitation of Liability

In no event shall LivFashions be liable for any damages resulting from:

• the use or the inability to use the Services or Products
• unauthorized access to or alteration of the user's transmissions or data
• breach of condition, representations or warranties by the manufacturer of the Products
• any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. LivFashions shall not be held responsible for non-availability of the LivFashions during periodic maintenance operations or any unplanned suspension of access to the LivFashions. The User understands and agrees that any material and/or data downloaded at LivFashions is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, LivFashions’s liability shall be limited to an amount equal to the Products purchased value bought by You. LivFashions shall not be liable for any dispute or disagreement between Users

Termination

LivFashions may suspend or terminate your use of the LivFashions or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until LivFashions chooses to terminate them. If You or LivFashions terminates your use of the Platform or any Service, LivFashions may delete any content or other materials relating to your use of the Service and LivFashions will have no liability to you or any third party for doing so. However, your transactions details may be preserved by LivFashions for purposes of tax or regulatory compliance. LivFashions may unilaterally terminate Your account on any event as mentioned in the Terms of Service. Returns/Refund for such Users shall be at the sole discretion of LivFashions.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of Malaysia.

Contacting the Seller

At LivFashions, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, if You wish to contact LivFashions about the seller, You may proceed to do so by emailing to [email protected].

Disclaimer

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best of judgment before entering into any transactions through LivFashions. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with LivFashions nor shall LivFashions have any obligations or liabilities in respect of any transactions on Platform.

For information about how to contact us, please visit our contact page.