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 a successful order is placed in which deposit payment has been fulfilled
and verified, our team will process and forward the order to our supplier. Our
supplier will commit and make necessary arrangement to deliver product on the
Layby Month selected by Buyer. All costs for the delivery arrangement including
stock keeping are born by Layby.my and/or 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) 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
Layby.my Wallet utilization is ONLY valid and applicable for transaction
in www.layby.my shopping portal. No external usage of Layby.my Wallet shall be
entertained and, shall be considered as illegal.
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 limited
to 8.1(ii) 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 five
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 fulfilling annual minimum purchase requirements
and paying the respective annual system package subscription 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 Purchased
item will be delivered by Supplier based on the committed number of Layby
month selected by Buyers or within 14 working days after the order have been
paid in full by Buyers; whichever is later. 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 Layby.my
and Supplier is not obligated to make early delivery of purchased item
upon Buyer's earlier completion full payment than Layby Month
selected by Buyers.
12.3 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. Buyer's are required to write an official notice or request for cancellation to [email protected].
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. The cancellation fee shall cover (but not limited to) the following:
(i) Booking fee
(ii) Any of layby marketing incentive(s)
(iii) Layby.my operational cost
13.3. Upon receiving the notice of order cancellation from buyers, layby.my will formally give in written via email of the sum of Buyer's Purchase Monies to be return to Buyer. Layby.my shall have the full right to update the cancellation fee from time to time.
13.4 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.
13.5 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.
13.6 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. Layby Warranty
24.1 If the product offered by layby is out of stock upon completion of final or full payment of the layby items by customer, Layby.my will offer a LAYBY WARRANTY to our customer which is:
1. Full refund of customer's money, or
2. Replacement of purchased item with product with price equivalent, or more than the purchased item. For example, if customer purchased an iPhone 11 Pro, and it is out of stock after full Layby payments has been made, we will offer for a better model of iPhone i.e. iPhone 11 Pro Max to customer.
24.2 Layby.my have the full rights to offer which products as a replacement to the out of stock products.
24.3 Customer shall have the full right to select either the full refund in cash, or the offered replacement product by Layby.my
25.
GENERAL PROVISIONS
25.1 Layby.my
reserves all rights not expressly granted herein.
25.2 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.
25.3 You may not assign, sublicense or transfer any rights granted to
you hereunder or subcontract any of your obligations.
25.4 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.
25.5 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.
25.6 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).
25.7 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.
25.8 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”.