Term & Conditions


1.   INTRODUCTION


1.1 Welcome to the Layby.my platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Layby.my account ("Account") so that you are aware of your legal rights and obligations with respect to Layby.my and its affiliates and subsidiaries (individually and collectively, "Layby.my", "We", "Us" or "Our"). The "Services" We provide or make available include (a) the Site, (b) the services provided by the Site and by Layby.my client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Layby.my.


1.2 The Services include an online platform service that provides a place and opportunity for pre ordering goods between the buyer (“Buyer”) and the supplier (“Supplier”) (collectively “you”, “Users” or “Parties”). We Do Not Keep Stocks. Our Site is managing pre-order of the listed products. Layby.my does not provide, own or control any of the products that you can access through Our Site. Layby.my has been authorized to promote and manage pre-order products listed from Supplier. After order is placed and payment has been fulfilled and verified, our team will process and forward the order to our supplier. On monthly basis, Purchase Order which contain all complete order for the respective month will be issued to the Supplier. The product will be directly delivered to your delivery address by Supplier.


1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

 

1.4 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and We shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability. 


1.5 We reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

 

BY USING LAYBY.MY SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. 

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

 


2.   PRIVACY

2.1 Your privacy is very important to Us at Layby.my. To better protect your rights, We have provided the Layby.my.com Privacy Policy to explain Our privacy practices in detail. Please review the Privacy Policy to understand how Layby.my collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:


(a) consent to Layby.my's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;


(b) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Layby.my; and


(c) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Layby.my’s prior written consent.

 

2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

 


3.   LIMITED LICENSE


3.1 Layby.my grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Layby.my and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without Our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy Our Content, without Our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).


3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Layby.my. You acknowledge that Layby.my may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.


 

4.   SOFTWARE

Any software provided by Us to you as part of the Services is subject to the provisions of these Terms of Service. Layby.my reserves all rights to the software not expressly granted by Layby.my here under. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Layby.my.

 


5.   ACCOUNTS AND SECURITY

 

5.1 Some functions of Our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Layby.my, in its sole discretion, finds offensive or inappropriate, Layby.my has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which We have enabled access or with which We have tied up or collaborated. Layby.my has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or Our Privacy Policy, may also apply to your use of those products, websites or services.


5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Layby.my of any unauthorized use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Layby.my will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.


5.3 You agree that Layby.my may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies/membership offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Layby.my deems necessary. Grounds for such actions may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior (d) having multiple user accounts for illegitimate reasons, or (e) behavior that is harmful to other Users, third parties, or the business interests of Layby.my. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Layby.my may terminate your Account immediately with or without notice.


5.4 Users may terminate their Account if they notify Layby.my in writing (including via email at [email protected]) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Layby.my after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Layby.my shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this section. Users waive any and all claims based on any such action taken by Layby.my.


6.   TERM OF USE


6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Layby.my may effect such termination with or without notice to you.


6.2 You agree not to: 


(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;


(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions or third party rights;


(c) use the Services to harm minors in any way; 


(d) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;


(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;


(f) remove any proprietary notices from the Site; 


(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Layby.my; 


(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;


(i) use the Services for fraudulent purposes;


(j) manipulate the price of any item or interfere with other User's listings;


(k) take any action that may undermine the feedback or ratings systems;


(l) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Layby.my with respect to the Services and/or data transmitted, processed or stored by Layby.my; 

(m) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;


(n) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);


(o) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;


(p) upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorized form of solicitation;


(q) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;


(r) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;


(s) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;


(t) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;


(u) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;


(v) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;


(w) infringe the rights of Layby.my, including any intellectual property rights and any passing off of the same thereof;


(x) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or


(y) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Layby.my, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Layby.my be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.


6.4 You acknowledge that Layby.my and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, Layby.my and its designee shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if We receive a complaint from another User; (iii) if We receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of Our effort to protect the Services or Our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Layby.my or submitted to Layby.my, including, without limitation, information in Layby.my Forums and in all other parts of the Site.


6.5 You acknowledge, consent to and agree that Layby.my may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Layby.my or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Layby.my, its Users and/or the public.


 

7.   VIOLATION OF OUR TERMS OF SERVICE


7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:


(i) Limits placed on Account/Membership

(ii) Account/Membership suspension and subsequent termination.

(iii) Criminal charges.

(iv) Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.


7.2 If you believe a User on Our Site is violating these Terms of Service, please contact Customer Service. 

 


8.   PURCHASE AND PAYMENT


8.1 Layby.my will not be liable for any cost or fees resulted therefrom payment methods made by Buyer when ordering/purchasing products. Layby.my supports one or more of the following payment methods:


(i) Bank Transfer

Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to Our designated Layby.my Bank Account. Buyer must provide Layby.my with the transfer receipt or payment transaction reference for verification purposes through the ‘Receipt Of Transfer’ function found in Layby.my’s Bank Transfer page confirmation. If payment confirmation is not received by Layby.my within three (3) days, Buyer’s order will be cancelled.

 

(ii) Senang Pay

SenangPay is operated by third party that provides an Online Payment Gateway that accepts payments for online transaction, through credit/debit card or Internet Banking (FPX).


(ii) Layby.my Wallet

Buyer may make payments using wallet that is provided with their Layby.my account at no additional costs. All payment made with Layby.my wallet will be approved automatically. User may found their wallet transactions histories which include but not limited to Topup, Transfer, Product Purchases, Incentives and Withdrawal in Wallet page.


8.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment. 

8.3 Layby.my takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.



9.   LAYBY.MY WALLET


9.1 Layby.my Wallet is a service provided by Layby.my for Layby account to facilitate the storage of money you receive from your Layby.my marketing incentives or wallet top up.  The sum of this money, minus any withdrawals/purchases/transfers, will be reflected as your Layby.my Wallet balance. You may view your Wallet Transactions at by logging into your Layby.my account.


9.2 You are entitled to this service during registration of Layby.my account. Your personal profile has been embedded the e-Wallet for you to perform transactions describe in 8.1(iii) and 9.1. You may transfer funds from your Layby.my Wallet (up to the amount of your Layby.my Wallet balance) to your linked registered bank account by submitting a transfer request (“Withdrawal Request”).  Layby.my shall only process such transfers on business days and such transfers may take up to three business days to be credited to your preferred bank account.


9.3 There is NO limitation on withdrawal request but is limited to the respective existing balance. Layby.my may impose a fee of RM 2 for each Withdrawal Request made (“Management Fee”).


9.4 Any of Layby.my marketing incentive (if entitled) will be credited to your Layby.my Wallet after related payment being approved and verified. 


9.5 Once submitted, you may not modify or cancel a Withdrawal Request.


9.6 If there is an error in the processing of any transaction, you authorize Us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If We are unable to debit your designated bank account for any reason, you authorize Us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with Us or to deduct the debit and applicable fees from your Layby.my Wallet balance in the future.



10.  LAYBY.MY MARKETING INCENTIVES


10.1 Authorized Layby.my dealer may earn incentives (“Layby.my Incentives”) by (i) promoting our dealer membership package and (ii) promoting recruited user for ordering our products via Layby payment plan as described in package upgrade page.


10.2 Layby.my gives no warranty and accepts no responsibility as to the ultimate tax treatment of Layby.my incentives. You will need to check with your tax advisor whether receiving Layby.my incentives affects your tax situation.

10.3 Layby.my reserves the right to (i) change Layby.my incentives at any time at its sole discretion (ii) discontinue the Layby.my incentives at any time at its sole discretion and (iii) cancel or suspend a Dealer’s right to participate in Layby.my Marketing Incentives, including the ability to earn and redeem Layby.my Incentives at its sole discretion.


 

11.  APPOINTMENT OF AUTHORIZED LAYBY.MY DEALER


11.1 User is eligible to upgrade as an Authorized Dealer after fulfilling requirements of the respective Layby.my membership package. Upon User application, Layby.my may appoint User to be an Authorized Dealer to offer, market, promote Layby.my services and products. distribute and sell the Products to consumers, receiving marketing incentives offered in the membership package, subject to the terms and these conditions:

 

(i) The appointment shall not be transferable and not exclusive. Layby.my reserves its rights to appoint more than one dealer at any time and from time to time, without reference to the Dealer.

 

(ii) The appointment shall commence on the date of the User application, for a period of 12 months only, unless it has been terminated earlier by the Company. After the expiry of this Agreement, User shall continue to be re-appoint as Layby.my Authorized Dealer by paying the respective annual fees.

 

(iii) Nothing in the Appointment shall constitute or be deemed to constitute a partnership between the parties and the Dealer shall have no authority or power to bind the Company or to contract in the name of and create a liability against the Company in any way or for any purpose.

 

(iv) The Dealer cannot assign any rights in this Agreement. However, the Company reserves the right to assign this entire Agreement to any of its associated companies, or sell, transfer or assign to a financial institution or companies.

 

11.2 The appointed Layby.my Authorized Dealer is obligated to execute/meet/act as the following:

 

(i) Promote Services and sell the Products in the site to consumers in accordance to the pricing structure, guidelines and instructions provided by the Layby.my.

 

(ii) Allowed to sell, re brand or distributing products which have been purchased outright at member’s price to any other consumers with its own discretion without reference to Layby.my and fully indemnify the Company against all liabilities or losses whatsoever arising to such action.

.

(iii) Not to make any representations, warranties or guarantees with respect to the Products, except as expressly authorized by the Company or as contained in terms and conditions of sale.

 

(iv) In all correspondences, documents, name cards and other signage at the Dealer’s Outlet, describe themselves as Layby.my Authorized Dealer only.

 

(v) Be responsible to help Users to use Services accurately.

 

 

12.  DELIVERY

12.1 Purchase Order will be issued by Us to respective Supplier once a month for products that have been paid in full by Buyers during that respective month. Supplier should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Layby.my to be updated through the Site.


12.2 Users understand that Supplier bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that Layby.my will not be liable for any damage, expense, cost or fees resulted therefrom and Supplier and/or Buyer will reach out to the logistic service provider to resolve such dispute.

 


13.  CANCELLATION, RETURN AND REFUND


13.1 Buyer may cancel his/her order prior to the payment of Buyer’s Purchase Monies into Layby.my Bank Account.


13.2 A lay-by cancelled by the Buyer will incur a fee. A refund of all payment installment minus the cancellation fee will be made into Layby.my wallet.


13.3 Non-payment of any layby installment up to 3 period installment is considered a breach of the agreement and Layby.my may cancel the lay-by agreement after providing 14 days written notice to your last known address or via registered email.


13.4 Buyer may apply for the return of the purchased item and refund prior to the expiry of Product Warrantee Period, if applicable. When returning the item, you should ensure that the item, including any complimentary items such as accessories that come with the item, must be returned to Us in condition received on delivery. Each claim must be made in writing, briefly describing the defect(s). Each claim must be made in writing, briefly describing the defect, accompanied by the proof of purchase and received during the period of the warranty. We will recommend you to take a photo of the item upon receipt. The warrantee must provide other information and evidence reasonably required by us. If you change your home address after we have shipped the item, we are not responsible about the item. Replacement shall only be given upon receipt of the Product by the supplier. Our supplier is not responsible to make any replacement if the Product is lost or damage during the delivery process.

 

13.5 Ownership of the goods will not pass to Buyer until the purchase price has been paid in full and the terms and conditions of the lay-by agreement fulfilled Layby.my reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Layby.my wallet.


 

14.  FEES


14.1 Unless otherwise stated, Layby.my does not charge Users for the use of the Site.

 

14.2 Where fees are payable, the same will be subject to SST and other applicable taxes. Unless otherwise agreed, Supplier is responsible for such taxes.

 


15.  FEEDBACK


15.1 Layby.my welcomes information and feedback from Our Users which will enable Layby.my to improve the quality of service provided. Please refer to Our feedback procedure below for further information:

 

(i) Feedback may be made in writing through email to or using the ticketing form found on the Support page.

 

(ii) Anonymous feedback will not be accepted.

 

(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

 

(iv) Vague and defamatory feedback will not be entertained.

 


16.  DISCLAIMERS


16.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY LAYBY.MY OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAYBY.MY DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

 

16.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

16.3 LAYBY.MY HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SUPPLIERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE LAYBY.MY AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

 


17.  EXCLUSIONS AND LIMITATIONS OF LIABILITY


17.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LAYBY.MY BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

 

17.1.1 (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

 

17.1.2 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF LAYBY.MY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

17.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

 

17.3 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY LAYBY.MY’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF LAYBY.MY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

 


18.  LINKS TO THIRD PARTY SITES


Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Layby.my in any manner whatsoever and you therefore access them at your own risk. Layby.my is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Layby.my is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Layby.my of any linked site and/or any of its content therein.

 


19.  YOUR CONTRIBUTIONS TO THE SERVICES


19.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Layby.my. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Layby.my and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

 

19.2 Any material, information or idea you post on or through the Services, or otherwise transmit to Layby.my by any means (each, a "Submission"), is not considered confidential by Layby.my and may be disseminated or used by Layby.my without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Layby.my, you acknowledge and agree that Layby.my and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Layby.my and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to Our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

 

19.3 You shall:

 

(i) Provide accurate and complete information to Layby.my and update your profile for any changes in any particulars of your Personal Information;


(ii) Ensure that you use the Sites and Services for your own personal use only;


(iii) Comply with all notice or instruction given by Layby.my from time to time in relation to the use of the Service;

 

(iv) Be responsible for all personal security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service;


(v) Take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;


(vi) Be responsible for all losses and payments (including the amount of any transaction carried out without your authority) if you have acted with gross negligence so as to facilitate that unauthorized transaction, or you have acted fraudulently. For the purposes of this clause, gross negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms and Conditions.

 

19.4 You shall not:

 

(i) Use the Service to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any 


(ii) Use the Service to cause excessive or disproportionate load on the Service or Layby.my’s System;


(iii) Use the Service for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;


(iv) Use the Service for any purpose which is against public interest, public order or national harmony;


(v) Use, permit or cause to be used the Service improperly or for any activities which breach any laws, regulations, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require Layby.my to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the internet; Or


(
vi) Use the Service to transmit or post any content that contains any harmful, damaging or destructive programs;


(vii) circumvent user authentication or security of any host, network or e-Wallet (referred to as “cracking” or “hacking”) nor interfere with service to any user, host or network (referred to as “denial of service attacks”) nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are reading Layby.my’s legitimate web pages (referred to as “page jacking”),or use the Sites or the Services for any other unlawful or objectionable conduct. Users who violate systems or network security may incur criminal or civil liability, and Layby.my will at its absolute discretion fully cooperate with investigations of suspected criminal violations, violation of systems or network security under the leadership of law enforcement or relevant authorities;


(viii) Use the Sites and/or the Services to advertise or offer to sell any goods or services for any commercial purpose without Layby.my’s written consent;


(ix) Hack into, make excessive traffic demands, deliver or forward chain letters, “junk mail” or “spam” of any kind, surveys, contests, pyramid schemes or otherwise engage in any other behavior intended to inhibit other users from using and enjoying the Sites and/or the Services or any other web site, or which is otherwise likely to damage or destroy Layby.my’s reputation or the reputation of any third-party;


(x) Use, display, mirror or frame the Site, or any individual element within the Site, Layby.my’s name, any Layby.my trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Layby.my’s express written consent;


(xi) Access, tamper with, or use nonpublic areas of the Site, Layby.my’s computer systems;


(xii) Attempt to probe, scan, or test the vulnerability of any Layby.my system or network or breach any security or authentication measures;


(xiii) Attempt to download the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Layby.my or other generally available third party web browsers;


(xiv) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;


(xv) Use the Site or Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these terms of use, unless expressly permitted;


(xvi) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Services to send altered, deceptive or false source identifying information;


(xvii) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;


(xviii) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail bombing the 


(xix) Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;


(xx) Impersonate or misrepresent your affiliation with any person or entity; Or


(xxi) Directly or through the use of any device, software, internet site, web based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Products or any digital rights management mechanism, device, or other content protection or access control measure associated with the Service including geo filtering mechanisms.

 


20.  THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS


20.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Layby.my is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Layby.my responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

 

20.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Layby.my. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Layby.my has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Layby.my shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Layby.my may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.

 


21.  YOUR REPRESENTATIONS AND WARRANTIES


You represent and warrant that:

 

(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

 

(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.



22.  INDEMNITY


You agree to indemnify, defend and hold harmless Layby.my, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:


(a) the Layby.my Marketing Incentives,


(b) the hosting, operation, management and/or administration of the Services by or on behalf of Layby.my,


(c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein,

 

(d) your use or misuse of the Services, or (e) your breach of any law or any rights of a third party.



23.  SEVERABILITY


If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.



24.  GENERAL PROVISIONS


24.1 Layby.my reserves all rights not expressly granted herein.

 

24.2 Layby.my may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

 

24.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

 

24.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Layby.my, nor does it authorise you to incur any costs or liabilities on Layby.my’s behalf.

 

24.5 The failure of Layby.my at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.

 

24.6 These Terms of Service are solely for your and Our benefit and are not for the benefit of any other person or entity, except for Layby.my's affiliates and subsidiaries (and each of Layby.my's and its affiliates' and subsidiaries' respective successors and assigns).

 

24.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

 

24.8 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts Us at: [email protected]

 

LEGAL NOTICES:  Please send all legal notices to [email protected] and Attention it to the “General Counsel”.