Terms & Conditions
1.1. This is an agreement of RAPIC website between Maxwell Forest (Malaysia) Sdn Bhd and any parties using this website for trading and other related activities.
1.2. The purpose of this agreement is to justify the obligations, rights and responsibilities of the parties which are Maxwell Forest (Malaysia) Sdn Bhd and any parties using this Website for trading and other related activities.
1.3. This RAPIC website (“the Website”) is owned and operated by Maxwell Forest (Malaysia) Sdn Bhd.
2.1. “Business details” refers to business information such as bank account holder name, bank account number and bank name.
2.2. “Business documents” refer to documents/ photo such as director identity card, SSM, Form 9, Form 24, Form 49, bank statement/passbook, GST approval from Custom, Halal certificate approved by JAKIM, and any additional corporate identity documents and official certifications from relevant authorities.
2.3. “Buyer” refers to person registered an account with the Website and using the Website to order and purchase products.
2.4. “Buyer Account” refers to an account that created by Buyer to order and purchase product
2.5. “Company” refers to Maxwell Forest (Malaysia) Sdn Bhd.
2.6. “Personal details” refer to personal information such as identity card number, contact number, shipping address and email address.
2.7. “Product” refers to item that uploaded by the Seller in the Website.
2.8. “Rider” refers to a person who will pick up the Product from the Seller and deliver to the Buyer.
2.9. “Rider Account” refers to an account created by a Rider
2.10. “Seller” refers to the trading party that has a registered and verified account to sell products and services in the Website
2.11. “Seller Account” refers to account which created by Seller to be used for trading in this Website.
2.12. “Storefront” refers to a webpage in the Website which a seller set up for his business.
2.13. “User” refers to any individual who uses the Website, including Buyers, Sellers and Riders
3.1 All items/goods advertised in this Website are merely invitation to treat. The Website and the Company shall not be liable for any representations, warranties, guarantees as to the accuracy of the information provided by the Platform. There is no other legal contract between the Buyer and the Company save and except legal contract to deliver the items/goods to the Buyer only. All items/goods delivered are on “as is where is basis” and the Seller and Buyer enter into a separate contract for the purchase of the items/goods.
3.2 The Company reserves the right to amend or modify the Terms and Conditions in this Website without notice at any time. The User is deemed to have agreed to be bound by new Terms and Conditions by accessing and using the Website.
3.3 All prices quoted shall be in Ringgit Malaysia. The prices quoted may or may not include Sales and Services Tax (“SST”) and Good & Services Tax (“GST”) depending on the description by the Seller for that Product.
3.4 Any party can revoke his or her acceptance of the terms and conditions herein at any time by giving thirty (30) days written notice to the other party. Notwithstanding such termination, the terminating party’s liability to the other party continue to subsist and shall be without prejudice to the other party’s rights and remedies for any antecedent breach by the terminating party prior to the termination.
3.5 The Website or the Company shall not be liable to any party for damages due to any fault, disruption of service and technical problems of the Website.
3.6 The services and usage of the Website shall not be used in any unlawful manner contravening any provisions of laws or infringing the rights of any party.
3.7 The Website or the Company shall not be liable for any unlawful use of the services by the Website by any party and in the event any party is liable or found guilty of doing so he or she shall indemnify the Company against all liabilities, damages, costs, fines, penalties all other losses imposed by the relevant authorities or in an action by a third party. The Website or the Company will report all unlawful use to the relevant authority.
3.8 The Website or the Company shall not be liable to User for any breach, hindrance or delay in the performance of the terms and conditions herein attributable to any cause beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications network, the acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
3.9 No failure or delay in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish any party rights under these Terms and Conditions or a Contract.
3.10 The terms and conditions stated herein shall be governed by the laws of Malaysia and any disputes shall be resolved in the Courts of Malaysia.
3.11 If any term or condition herein is held invalid, unenforceable or otherwise illegal by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force, effect and enforceable.
3.12 The User shall not assign, transfer, novate, create any trust over or deal in any other manner with the rights under these terms and conditions or a contract under these terms and conditions or a contract.
3.13 In furtherance of safe transactions, Seller and Buyer are prohibited from directly entering into a transaction (e.g., direct dealing) without using the Payment Protection Services provided by the Website. Any issues or problems arising from such direct dealing or transaction shall be borne by the parties
thereto, and the Website or the Company shall not take any responsibility or liability in relation thereto.
3.14 A Seller who is confirmed to have been engaged in or induced a direct dealing may be suspended from using the Website or be terminated from the Seller agreement, and a registered party may report such Seller to the official email of the Company or Website.
3.15 Any abnormal use of the Website or access to the system not in compliance with the terms and conditions of the Website provided by the Company is prohibited.
3.16 Upon confirming any wrongdoings to the system, the Company may, at its own discretion, take following actions against the responsible User: reclaim of additional benefits, in part or in whole, provided by the Company, restriction in use of certain Services, termination of User agreement, etc.
3.17 The Website prohibits any purchase from unauthorized use of another person’s identify, credit card information, account information, etc.
3.18 Any unusual payment in violation of related law, such as raising funds in disguise of sale of product or supply of service is prohibited. Upon confirming such activity, the Company reserves the right to suspend or cancel the User’s transaction and notify relevant authority.
3.19 Any unusual transaction exploiting discount rates, etc. provided by the Company and any purchase with no intention of actual purchase (e.g., no actual delivery of product) are prohibited. Upon confirming such activity, the Company reserves the right to cancel such transaction, restrict use of the Website or terminated User agreement.
3.20 In the event the Company or the Website has reasonable grounds to believe that any User is in breach any User is in breach of any of the terms of this Agreement, the Company reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing.
3.21 The terms and conditions herein shall be read together with the Buyer’s and Sellers Agreement provided by the Website.
4. LIMITATION OF LIABILITY
4.1 The Website shall not be liable for any data or information or photo unauthorized access or leaking by any other party through this website.
4.2 The Website shall not be liable for any menacing, offensive, indecent, abusive, or illegal content or conduct of any other party or any violation of another’s right, including intellectual property rights.
5.1 The Company or the website views protection of User’s privacy as the upmost important community principle. The Company or the Website will store and process the information on computers that are protected by physical as well as technological security devices.
5.2 The Company or the Website may collect personal information from User when User access or use the services provided by the Website. The personal information which the Website will collect include:
5.2.2 Identification Card Number
5.2.3 Email Address
5.2.4 Phone number
5.2.5 Date of birth
5.2.7 Bank Details
5.3 The Company or the Website may collect User’s personal data from various sources, including but not limited to, at any meetings, events, activities, contests, customer satisfaction survey conducted by the Company and more.
5.5 The Company or the Website may also collect, store and process User’s personal information which are made available any third party whom the User has authorized, credit reference, law enforcement and regulatory bodies, for reasons related to performance of conditions of this agreement, compliance with any legal and regulatory obligations.
5.6 The Company may use and process the User’s personal information for the following marketing purposes:-
5.6.1 send any alerts, updates, newsletters, promotional materials, special privileges announcements on Product, upcoming events, activities, promotions and campaign organized by the Company which may be of interest to the User.;
5.6.2 send any festive/seasonal greetings or messages to User;
5.6.3 inform and invite User to attend any event or activities organised by the Company or the Company’s selected parties;
5.6.4 process the User’s registration to participate or take part in an event or activity and to communicate with User regarding the event or activity
5.6.5 share the User’s personal information within the Company or third party selected by the Company who may communicate with the User to market their products, services, activities, promotions or event from time to time by any appropriate communication channels such as email and SMS.
5.7 If the User does not wish to receive any marketing and promotional materials as stated in clause 5.6 above, User may email the Company or the relevant marketing and promotional email to unsubscribe.
5.8 User’s profile information such as username will be used to identify that particular user when using the Website. When a User submits his rating and/or review, his Username will be displayed in the Website to other users. The Company will not disclose or share the User personal information without User’s consent.
5.9 The Company may process and share non-personally identifiable, aggregated, statistical and/or anonymous data with third parties for data analytics and to develop the Company’s marketing strategy and improve and enhance the Website.
5.10 By using the Website, User agrees and gives consents to the Company or the Website to use or personal information for the purposes as stated in this Agreement. The Company will seek further consent from User for any other purposes which are not provided in this Agreement.
5.11 The Company will not rent, sell, disclose or transfer the User’s personal information to any third party without first obtaining the User’s consent. However, the Company may disclose some of User’s personal information to the following third parties, for purposes stated in this Agreement:-
5.11.1 The Company’s subsidiaries, related and/or associated companies;
5.11.2 User’s immediate family members and/or emergency contact person as provided by User;
5.11.3 Any party in relation to legal proceedings or prospective legal proceedings;
5.11.4 Data centres and/or servers located within or outside Malaysia for data storage purposes;
5.11.5 Any government agencies, law enforcement bodies, courts, tribunals, regulatory/professional bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any country, if required or authorised to do so, to satisfy any applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities;
5.11.6 insurance companies for the purpose of applying and obtaining insurance policy, if necessary;
5.11.7 banks and financial institutions, merchants and credit/debit card companies in connection with User’s commercial transactions with the Company or the Website;
5.11.8 any third party relating to any proposed or actual reorganization, merger, sale, consolidation, acquisition, joint venture, assignment, transfer, funding exercise or asset/share sale relating to all or any portion of our business or in the unlikely event of insolvency, bankruptcy or receivership;
5.11.9 The Company’s selected third parties (business/marketing partners, sponsors, advertisers) who offer promotions or organise contests, events, activities or campaigns;
5.11.10 auditors, consultants, lawyers, accountants or other financial or professional advisers appointed by the Company on a strictly confidential basis, any party nominated or appointed by the Company either solely or jointly with other service providers, who provide services or conduct data processing on behalf of the Company, or for data centralization and/or logistics purposes;
5.11.11 any person under a duty of confidentiality to which has undertaken to keep User’s personal data confidential which the Company have engaged to discharge its obligations to the User;
5.11.12 storage facility and records management service providers;
5.11.13 credit reference/reporting agencies for the purpose of credit checking on the User;
5.11.14 financial institutions for the purpose of applying and obtaining loan facility, if necessary;
5.11.15 the Company’s business/marketing partners, third party product and/or service providers, suppliers, vendors, distributors, contractors or agents, on a need to know basis, that provide related products and/or services in the Website or to assist the Company with the provision of the service to User;
5.11.16 the general public when any User win in a contest, participate in the Company’s events or activities, submit User’s rating and/or review or other features of the Website that are viewable by the general public without compensation for advertising and publicity purposes; and/or
5.11.17 any other person reasonably requiring the same in order for the Company to operate and maintain the Company’s business or carry out the activities set out in the Purposes or as instructed/authorised by the User.
5.12 The Company may disclose the User’s personal information or other transaction-related data, if requested by a government or law enforcement authority, private investigator, rightful owner, interest holder, any injured third party or as a result of subpoena or other legal action or it is the Company’s view that it would be in its best interest to do so. The Company shall not be liable and responsible for any damages or results arising from such disclosure and the User(s) agree not to bring an action or claim against the Company for such disclosure.
5.13 User shall ensure that all personal information provided in the Website is accurate, complete and up-to-date. User shall immediately update the Company or the Website if there is any change to the User’s personal information. Failure of User to do so may result in the User’s inability to access and use the Website.
5.14 The Company or the Website will ensure that all personal information is stored securely. The Company endeavour to implement physical, technical and electronic security measures in compliance with the relevant laws, regulations and industry standards to protect against and prevent any unauthorised or unlawful access and processing of the User’s personal information, the destruction of, damage to, accidental loss, unauthorised disclosure or alteration to the User’s personal data.
5.15 The Company will take reasonable steps to update its security measures from time to time to make sure that authorised third party process the User’s personal information as per the terms set out in this Agreement.
5.16 The Company also will adopt reasonable security procedures in relation to the operation of the Website. All employees and data processors of the Company, who have access to, and in charge of the processing of User’s personal information, are obliged to respect the confidentiality of the User’s personal information.
5.17 User may notify the Company if he wishes to withdraw his consent to the Company in connection with collection of his personal information. In such circumstances, the Company will not be able to identify the User and provide User a safe, smooth, efficient and customised experience while using the Website.
5.18 In the event a User withdraw his membership, the Website shall keep in custody all personal information necessary for the User’s identification for one (1) months or such necessary period of time from the date of withdrawal to avoid the User from receiving illegal or expedient economic profit such as discount vouchers, event benefits through repetitive subscriptions and withdrawals or from using the other’s name illegally.