Terms Of Service

These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Collektr (as defined below).

1. General

These Terms are between you and Collektr Sdn Bhd (“Collektr”).

These Terms apply to all users of the Services, including without limitation users who are Sellers, Buyers, merchants, or contributors of Content (as defined below), information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit. In some instances when describing your interactions, we will differentiate between Buyer users (each, a "Buyer") and Seller users (each, a "Seller").

These Terms apply to all users of the Services, including without limitation users who are Sellers, Buyers, merchants, or contributors of Content (as defined below), information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit. In some instances when describing your interactions, we will differentiate between Buyer users (each, a "Buyer") and Seller users (each, a "Seller").

You agree to use your best judgement and take safety precautions in every interaction, engagement and communication with other users. Collektr is not responsible for any interaction, engagement or communication you may have with any other user. Collektr is not and shall not be liable for any loss, damage, harm, injury or claims that arise from your use of the Services.

We are not obligated to monitor access and use of the Services and its Content. We have the right to remove or disable access to the Services and its Content at any time and without notice at our sole discretion. Collektr has the right to investigate violations of the Terms or any conduct that affects the Services. We have the right to cooperate and consult with the appropriate law enforcement to prosecute users, including Buyers and Sellers, who violate applicable laws and regulations.

By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms.

Collektr reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

We reserve all rights that are not expressly granted to you under these Terms.

Please review these Terms, the Privacy Policy ("Privacy Policy") and all Other Policies and rules published by Collektr ("Other Policies") before you begin using Collektr because the Terms, Privacy Policy, and Other Policies create a legal agreement between you and Collektr. By using Collektr, you accept and agree to be bound and abide by these Terms, Privacy Policy, and Other Policies, each of which are incorporated herein by reference. If you do not agree to these Terms, our Privacy Policy, or our Other Policies you are not allowed to, and you must not, access or use Collektr.

2. Use of the Services

Subject to your compliance with these Terms, Collektr grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

You shall use the Services in accordance with these Terms and shall not:

• Upload any Content that violates or infringes another party’s rights of publicity, privacy, copyright, patent, trademark, trade secret, moral rights or any other intellectual property right.
• Distribute or sell counterfeit, unauthorized, B-grade, stolen or non-authentic Items.
• Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
• Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
• Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
• Use the Services for any unlawful purpose or for the promotion of illegal activities including but not limited to money laundering and terrorism financing.
• Use the Services in violation of or to circumvent any sanctions or embargo.
• Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of Collektr or its affiliates, partners, suppliers or licensors.
• Use the Services for any purpose for which it is not designed or intended.
• Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by Collektr.
• Use any proprietary information or interfaces of Collektr or any other intellectual property of Collektr in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
• Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
• Use the Services to, or attempt to, harass, abuse or harm another person or group.
• Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
• Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or Content found or access through the Services.
• Take any action that we deem to impose or potentially impose an unreasonable or disproportionately large load on the Services.
• Alter or intentionally obscure the IP address of the computer you are using to access the Services.
• Solicit sales outside of the Services or to send any unsolicited or unauthorized advertising, promotional materials, email, spam or any other form of solicitation.
• Manipulate the Services, including but not limited to creating the appearance of increased demand for an Item. Collect, use and/or disclose any information in respect of other users without their consent.
• Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
• Violate any applicable law or regulation in the applicable jurisdictions.
• Interfere with the Services’ proper functioning.
• Authorise or encourage anyone to do any of the foregoing.

Collektr reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms or Other Policies.

3. Account

You would need to have an account with Collektr (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

• If you are an individual, you are at least 18 years of age.
• If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
• You are capable of entering into and performing legally binding contracts under applicable law.
• All information which you provide is accurate, up to date, truthful and complete.

You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore, agree to:

• Keep your password secure.
• Keep your account information up to date at all times.

You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or user information, or any unauthorized breach of your Account or user information. We have the right to disable any Account at any time at our sole discretion. We reserve the right to refuse the use of, or access to, the Services to anyone, for any reason, at any time. We reserve the right to withdraw, upgrade, update or amend the Services in our sole discretion without notice. We will not be liable if for any reason if all or any part of the Services is unavailable at any time or for any period.

While Collektr collects user information, it makes no effort or attempt to verify or ensure such User Information is correct, accurate, complete and not misleading. It is a condition of your use of our Services that all the user information provided by you is current, complete, accurate, and not false or misleading. We are not obligated to retain or provide you with copies of information within your Account or User information, including but not limited to transaction history. We are not liable for any deletion, loss, corruption or withholding of information within your Account or User Information.

Unless expressly permitted by Collektr and subject to these Terms and Other Policies, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.

You must comply with these Terms, as well as the Privacy Policy and Other Policies (which form a part of these Terms), and all applicable laws with respect to your activities and the Content which you upload to the Services.

4. Fees and Payments

It is presently free to create an Account. However, you are required to pay fees related to Transactions. These fees may be updated or amended from time to time as stated in the Other Policies. You may be required to enter a desired payment method during registration of an Account.

We use third party companies to process payments (“Payment Processor”) by Buyers and to payout funds to Sellers. All Buyers and Sellers will be subject to and must comply with the Payment Processor’s terms and conditions. Buyers are solely responsible for the purchase of and payment for Items that may be available on or through Collektr.

You authorize Collektr and its Payment Processor to bill you in a manner consistent with the fees listed in Other Policies.

You acknowledge and agree that:

• All fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services are non-refundable. For the avoidance of doubt, there will be no refunds of any fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
• You are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.
• You must provide Collektr with current payment information. You must also update Collektr of any change of payment information. You must provide payment information at our request. You are solely responsible for maintaining and updating your payment information.
• We are not liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your payment method.

If you sign up for an Account with Collektr, you acknowledge and agree that:

• You authorize Collektr and its Payment Processor to charge and/or place a hold on your Payment Method for any charges or fees related to your use of Collektr.
• You authorize the party that issued your payment method to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of these Terms and Other Policies is authorization to the issuer to pay all such amounts.
• You authorize Collektr and/or its Payment Processor to continue to attempt to charge your Payment Method for all amounts described herein, or any portion thereof, until such amounts are paid in full.
• In the event of failure to provide the payment for the charges or fees related to your use of Collektr, we may terminate your Account without a refund at our sole discretion.

5. Collektr is a Platform

The Services provide a platform for users to interact with each other, and to buy and sell Item(s). Collektr does not undertake a significant pre-screen of users, or the Content provided by a user, nor is Collektr directly involved in transactions between users.

Consequently, Collektr has no control over, and you agree that Collektr is not responsible or liable for, any of the following:

• The safety, morality or legality of any aspect of the Items listed.
• The truth or accuracy of the listings, the ability of Sellers to sell Items or the ability of Buyers to pay for Items.
• The true identity, age, nationality, or sense of humour of a user.
• Any Content posted by users.

You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an Item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While Collektr endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.

6. Content

The Services allow users to create listings and share Content, such as photos, videos, comments, data, text, links and other information (“Content”).

You retain ownership rights in the Content which you upload or share on the Services but you grant Collektr a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to Collektr’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.

You understand and agree that you are solely responsible for the Content which you post or share on or through the Services. Therefore, you agree that any loss or damage which you sustain as a result of such Content is solely your responsibility.

You acknowledge that Collektr does not pre-screen Content uploaded by users. Collektr shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Collektr shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:

• If the Content is in breach of these Terms.
• If Collektr has received a complaint or notice of infringement in respect of the Content.
• If the Content is otherwise objectionable.

Collektr may also block Content and the delivery of a communication (including, without limitation, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

7. Transactions on Collektr

All sales, both on the marketplace and live auction, are binding.

A Seller may list an Item for sale on Collektr. By listing an Item, Sellers create a binding offer to sell that particular Item at a specified price ("Listing Price") and shipping fee (“Shipping Fee”). An offer (“Offer”) is made when a Listing Price and Shipping Fee aligns with a Buyer's specified buying price. When an Offer is made, Collektr processes an automatic Transaction. The Buyer’s payment method is immediately charged the total amount of the Transaction, which includes the Listing Price, Shipping Fee and any other relevant taxes (“Taxes’) and fees. Taxes means the taxes, duties, levies, tariffs, and other governmental charges that you may be required by applicable. You are solely responsible for maintaining all relevant Tax records.

Upon the occurrence of a Transaction, a Seller ships the Item directly without involvement or payment from Collektr. Within 20 business days of the Buyer's receipt of the Item(s),the applicable purchase price, less any applicable fees payable by the Seller to Collektr as stated in Other Policies, will be transferred to the Seller. It is your responsibility to ensure that all information provided is accurate for a proper transfer. Collektr is not liable for any payment transferred to incorrect accounts based on the information provided by you. Sellers are responsible for any fees charged by the Payment Processor for their payment.

Notwithstanding the foregoing, as Collektr is not involved in Transactions which are considered solely between users, Collektr is not responsible nor liable for a Transaction to be completed.

Any person who operates a business for the purpose of supply of goods or services via our Platforms is required, under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 of Malaysia, to disclose, to the best of their knowledge and belief, the following information:

• The name of the person who operates a business for the purpose of supply of goods or services through Collektr, or the name of the business, or the name of the company.
• The registration number of the business or company, if applicable.
• The e-mail address and telephone number, or address of the person who operates a business for the purpose of supply of goods or services through Collektr.
• A description of the main characteristics of the goods or services.
• The full price of the goods or services including transportation costs, taxes and any other costs.
• The method of payment.
• The terms and conditions.
• The estimated time of delivery of the goods or services to the Buyer.

Seller responsibilities

In using the Services to create a listing and offer an Item for sale, you agree to comply with the following:

• All Items must comply with the Terms.
• You must provide a fair, accurate and complete description of each Item, including your price for the Item and shipping fee.
• The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.
• Each Item must have its own listing.
• Your listing for an Item may only include text, descriptions, graphics, images and other Content relevant to the Item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
• All Items must be listed in the appropriate category.
• Any links must not include any links to third party websites.

Without prejudice to the rest of these Terms, you warrant, in respect of the Item which you offer for sale on the Services (as the case may be), that:

• You are the owner of the Item, and the Item is not stolen.
• The Item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
• The sale of the Item complies with all laws and regulations which apply to that Item.
• The Item is not dangerous, hazardous or subject to a recall by a government or manufacturer.

In communicating with a user through the Services for the Transaction, you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.

If you are a Seller who has accepted a Buyer’s Offer for an Item:

• You agree to ship the Item in accordance with the Terms and Other Policies.
• You agree to ship the Item or otherwise complete the Transaction with the Buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the Buyer fails to meet the terms of your listing (such as payment method).
• You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the Item. However, you must not charge excessive shipping fees or otherwise avoid fees.
• You may not alter the Item's price after a sale or misrepresent the Item's location and price.

Collektr has the right to terminate or issue penalties if Sellers do not abide by the shipping policies. Penalties are at the sole discretion of Collektr and may be made on a case-by-case basis. In the event that Sellers provide Item(s) that do not conform to the Seller’s description or do not meet the requirements laid out in the Terms, Collektr has no obligation to return the Item(s) to the Seller. These Items include but are not limited to counterfeit or unauthentic Items.

All Sellers agree to their payout funds to be transferred on a weekly basis. You agree that Item(s) sold to Buyers as part of an Offer will be included in a payout within 20 business days of the Buyer's receipt of the Item(s). The payout for each Item sold to Buyers as part of an Offer will be the applicable purchase price less any applicable fees payable by the Seller to Collektr as stated in Other Policies.

Buyer responsibilities:

Buyers are solely responsible for the purchase of and payment for Items that may be available on or through Collektr. When a Buyer places an Offer, the Buyer is solely responsible for the completion of payment for the Transaction, which includes the Listing Price, Shipping Fee and any other relevant taxes and fees. The Buyer authorizes Collektr to charge the Buyer’s payment method. The Buyer is responsible for updating the payment method to ensure there are sufficient funds and accurate information to allow the Transaction to successfully occur. In the event there are payment-related issues caused by the Buyer, Collektr reserves the right to issue penalties at our sole discretion and may be made on a case-by-case basis.

The Buyer agrees to a no refund policy for any Transactions made using the Services listed in the Terms and Other Policies. The Buyer agrees to a 24-hour window to contact Collektr if they believe the Item does not conform to the Seller’s description or violates the Terms as stated in Other Policies. At its sole discretion, Collektr may delay the distribution of payment, request the Item be sent to Collektr, request the Item be returned to the Seller, or issue a refund to the Buyer.

Collektr Item verification:

In the event Collektr conducts a verification of an Item, it is not liable or responsible for any User’s damage, direct or indirect loss, costs or expenses arise from the negligence of Collektr. In the event that an Item cannot be authenticated, or is determined to be inaccurately described, we shall notify the Buyer and the Seller of our conclusion, which results in an automatic cancellation of the Transaction and a refund to the Buyer.

8. Disputes with users

If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to Collektr, Collektr will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Collektr from any claims, demands and damage arising out of your disputes with users of our Services.

9. Privacy

Your privacy is very important to us at Collektr and we have provided the Privacy Policy to explain our privacy practices. Please review the Privacy Policy to understand how Collektr collects, uses and discloses information collected and received from you.

10. Intellectual Property

You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Collektr. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Collektr. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Collektr.

The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

You are not authorised by Collektr to use Collektr’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Collektr, which may be withheld for any or no reason.

11. Reporting Unauthorised Content

Collektr respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please contact us.

Collektr reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.

12. Suspension and Termination

You may deactivate your Account at any time by contacting us.

Collektr reserves the right to, at its sole discretion, and without liability:

• Suspend or terminate your Account and/or your access to the Services at any time for any breach of these Terms.
• Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
• Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.
• Suspend or terminate your Account and/or your access to the Services at any time, in the event of any act, threats of, verbal and/or written abuse against any Collektr user, Collektr employees, representatives and/or officer.

You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to save the Content which you upload to the Services.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

13. No Warranty

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any Content, products or services accessed or obtained thereby is at your sole risk and discretion. Collektr does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Collektr’s servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Collektr is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by you from Collektr or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Collektr has no obligation to support or maintain the Services.

Collektr disclaims any and all liability or responsibility in relation to the Content made available through the Services, including but not limited to the Content uploaded by users or the third party Content and services. Collektr is not responsible or liable in any manner for the third party Content and services associated with or utilised in connection with the Services, including the failure of such third party Content and services.

In addition, the Services may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. Collektr does not accept any responsibility in connection with your participation in activities conducted by any other party.

14. Limitation of Liability

5. Indemnity

You will indemnify and hold harmless Collektr, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

16. Compatibility

Collektr does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Collektr and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

17. Sub-contracting by Collektr

Collektr reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as Collektr deems appropriate.

18. Miscellaneous

You and Collektr are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

Except as provided herein, any failure by Collektr to exercise a right or require performance of an obligation in these Terms shall not affect Collektr’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

These Terms constitute the entire agreement between you and Collektr and supersedes all prior or contemporaneous understandings and/or agreements between you and Collektr.

19. Governing Law and Jurisdiction

You hereby agree that the laws of Malaysia shall govern this Terms and that the courts of Malaysia shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND WILL BE BOUND BY THESE TERMS.

Last updated on 19 October 2022