Ownership of Site
LOGON is the owner and/or operator known as www.logon.my (“Platform”) which allows the Merchant to sell its goods and products on the internet to third party via the Platform. The Merchant intents to sell its goods and products on the Platform and LOGON agrees and allows the Merchant to use the Platform on the terms and conditions hereinafter set forth.
Interpretation and Definition
The following words and expressions shall have the following meanings, unless the context requires otherwise:
“Agreement” means the agreement entered into between the Merchant and LOGON regarding the use of the Platform for the sale of Goods to the Customers.
“Application Form” means the latest application form executed by the Merchant indicating the package subscribed by the Merchant.
“Business Day” means a day (excluding Saturdays and Sundays) on which banks in Selangor are open for normal banking business.
“Bank” means any banking and financial institution(s), including but not limited to, RHB Bank and CIMB Bank (collectively, “the Banks”), which has entered or may in future enter into an agreement with LOGON to provide payment services for the Platform.
“Customer” means the natural person or legal entity or entities who or which has or have ordered the Goods from the Merchant via the Platform.
“Electronic Sales Order” means the purchase order specifying the price, type, quantity, quality, size or other specifications of Goods made by the Customer.
“Goods” means all goods, products, articles or services which the Merchant intends to sell to the Customer through the Platform.
“Handling Fee” means the fee paid by Merchant for the administration, after sales support and customer care services provided by LOGON.
“Intellectual Property” means industrial design, patents and rights in respect of inventions, copyrights, trademarks and rights in respect of know-how or any other proprietary information.
“LOGON” means MCIL Multimedia Sdn Bhd, the owner and operator of the Platform.
“Logistic Service Provider” means any logistic provider engaged by the Merchant.
“Online Payment Transaction Fee” means the fee paid by Merchant to LOGON for each and every sale transaction of the Goods sold to the Customer via the Platform.
“Online Payment Gateway Provider” means the service provider (including but not limited to Mobile88.Com Sdn Bhd) who operates, processes and maintains an online payment gateway between LOGON and the Banks to effectuate online payment by the Customer for the Goods on the Platform.
“Party” means the Merchant or LOGON, as the case may be.
“Parties” means the Merchant and LOGON, collectively.
“Payment Methods” means the ways in which the Customer pay for the Goods on the Platform, including but not limited to, credit card, debit card, direct debit and FPX.
“Platform” means the internet-based shopping mall website known as www.logon.my owned and operated by LOGON.
“Return Policy” means the terms and conditions regarding the return, replacement and refund of Goods as may be determined by LOGON from time to time.
Sale of Goods/Services on the Platform
The Parties agree that all sales of Goods through the use of the Platform shall be subject to the terms and conditions contained herein as well as all guidelines, directives and rules as may be issued by LOGON from time to time (“Conditions”).
No variation to these Conditions will be binding upon the Parties except such variation has been agreed and approved by LOGON in writing.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document issued by LOGON shall be subject to correction without any liability on the part of LOGON.
In the event the Merchant discovers that any provision in the Agreement is conflicting, contradicting and inconsistent with another provision, the Merchant shall promptly inform LOGON in writing of such conflict, discrepancy and error, failing which, the Merchant shall be responsible for all expenses and costs (whether directly or indirectly) incurred in correcting or resolving such conflict, discrepancy and error.
Ordering, Dispatching and Cancellation
The Customer shall purchase the Goods displayed by the Merchant on the Platform by placing an electronic order. Upon the placement of such order by the Customer, an Electronic Sales Order will be sent out to the Merchant by the Platform.
No Electronic Sales Order which has been received by the Merchant shall be cancelled or varied except with the agreement in writing by LOGON.
The Merchant agrees that each sale of Goods agreement entered into with the Customer through the use of the Platform shall constitute a separate and direct agreement entered into between the Merchant and the Customer.
Upon receiving the Electronic Sales Order, the Merchant shall ensure that the Goods are ready for collection by the Logistic Service Provider. In case of delay or potential delay (“Late Delivery”), the Merchant shall promptly notify LOGON in writing without reasonable delay.
The Parties agree that any Customer who has been notified by LOGON of the Late Delivery of his Goods shall be entitled to cancel the relevant Electronic Sales Order and the purchase of Goods (“Late Delivery Cancellation”). If the Customer decides to proceed with Late Delivery Cancellation, LOGON shall process such cancellation in accordance with the Return Policy. The Parties further agree that all costs and expenses (including but not limited to shipping fees) incidental thereto shall be solely borne by the Merchant.
Packaging and Shipping of Goods
The Merchant shall, at its own costs and expenses, be responsible for all the entire packaging and shipping of its Goods.
All Goods sold on the Platform shall only be shipped or delivered to the Customer through the Logistic Service Provider(s) unless otherwise agreed in writing by LOGON. The Merchant shall contact, liaise, deal and communicate with the relevant Logistic Provider(s) to arrange for the shipping of the Goods. In the event the Merchant delays, refuses, fails, neglects, declines or is unwilling to observe, perform and comply with this clause, LOGON may, in its sole and absolute discretion, cancel the transaction(s) concerned and refund to the Customer(s) all monies paid thereafter, and the Merchant hereby covenants and agrees to pay to Logon the Handling Fee(s) and Online Payment Transaction Fee(s) on the transaction(s) so cancelled.
The Merchant shall update and inform LOGON of the logistic delivery status of all Goods ordered and ensure that the Goods are collected by the relevant Logistic Service Provider and successfully delivered to the Customer.
The Merchant shall pay all applicable shipping fees to the relevant Logistic Service Provider(s) upon collection of the Goods.
Return, Replacement or Refund
The return, replacement or refund of Goods shall be determined in accordance with the Return Policy. The Parties expressly agree that LOGON reserves the right to change the terms and conditions in this Return Policy from time to time. The Parties agree that in the event the Merchant delays, refuses, fails, neglects, declines or unwilling to observe, perform and comply with the Return Policy, the Merchant shall be deemed in breach of this Agreement, and shall, inter alia, indemnify LOGON.
The procedures of the sale and payment of Goods on the Platform are as follows:-
- All Goods selected and to be purchased by the Customer from the Platform will be added into the Customer’s e-cart;
- The Customer shall proceed to make payment for: (1) the selected Goods in his e-cart; and (2) its relevant shipping fees, through any of his desired Payment Methods available on the Platform;
- Upon payment, an email confirming the purchase of the said Goods will be sent to the Customer from the Platform and an Electronic Sales Order will be issued to the Merchant simultaneously;
- Upon receiving the Electronic Sales Order, the Merchant shall ensure that the said Goods are ready for collection by the Logistic Partner(s) in the following manner:-
- if the purchase of Goods is made by the Customer before 4pm (the “Cut-off Time”), the Merchant shall ensure that such Goods are ready for collection by the Logistic Partner(s) on the next Business Day immediately after the date of purchase; or
- if the purchase of Goods is made by the Customer after the Cut-off Time, the Merchant shall ensure that such Goods are ready for collection by the Logistic Partner(s) on the second Business Day immediately after the date of purchase.
- Once the Goods are collected by the Logistic Partner(s), the Merchant shall inform LOGON by updating the latest status of delivery to the Platform;
- Upon successful delivery of the Goods to the Customer by the Logistic Partner(s), the said Logistic Partner shall inform the Parties by updating the latest status of delivery of the Goods to the Platform;
- Upon receiving the successful delivery notification by the Logistic Partner(s), LOGON shall continue to hold the payment received from the Customer for a period 14 calendar days (“Cooling-off Period”) and such Cooling-off Period shall be extended in the occurrence of any of the following events (“Extended Cooling-off Period):-
- complaint by the Customer regarding the Goods sold;
- negative feedback by the Customer on the Goods sold;
- a return or replacement of the Goods sold has been requested by the Customer;
- a refund of payment has been requested by the Customer;
- the Goods has been delivered to the wrong recipient;
- the Goods received are defective, damaged, broken, faulty, malfunctioned or unworkable; and/or
- any other event which LOGON deems to warrant the further withholding of the payment to the Merchant;
(Collectively known as “the Events”)
The Merchant acknowledges that LOGON: (1) has entered into agreements with the Banks and Online Payment Gateway Provider for them to provide payment facilities and services for the Platform; and (2) may also, in future, engage other third parties to provide payment facilities and services on the Platform. The Merchant hereby agrees that all duties, obligations, responsibilities and liabilities of LOGON in any of such past, present and future agreements (collectively, known as “Payment Guidelines”) shall also apply equally to the Merchant. The Parties agree that LOGON may at any time and from time to time, vary, amend, modify, change, add to, supplement, replace, insert or change any provisions in the Payment Guidelines.
Representations and Warranties
The Merchant represents, warrants, covenants and undertakes to LOGON as follows:-
- that all information furnished by the Merchant in the Application Form are complete, true, accurate and up-to-date;
- to comply, follow, adhere, perform, fulfill, complete and observe all representations, warranties, covenants and undertakings contained herein;
- that all information furnished by the Merchant with regard to the Goods is complete, true, accurate and up-to-date;
- that the Goods displayed or to be sold by the Merchant on the Platform strictly conform to the specifications, drawings, samples, performance criteria and other descriptions referred to or provided on the Platform;
- that the Goods displayed or to be sold by the Merchant on the Platform are of merchantable quality and fit for the purpose(s) intended;
- that the Goods displayed or to be sold by the Merchant on the Platform comply with all applicable laws, ordinances, codes and regulations;
- that the Goods displayed or to be sold by the Merchant on the Platform are free from defects in materials, performance, operation and workmanship;
- that the Goods displayed or to be sold by the Merchant on the Platform does not infringe directly or indirectly any Intellectual Property of any party;
- that it has all rights and ownership or is a licensed user of all Intellectual Property in relation to the Goods and the supply of the Goods;
- that it has the all rights or is licensed to promote, display and sell the Goods on the Platform;
- that it shall not use any Intellectual Property belonging to LOGON without LOGON’s prior approval in writing; and
- that there are no existing claims or alleged claims made by any third party with regard to any alleged or actual claim, demand, action or infringement of Intellectual Property claims in relation to or in connection with the advertising, promotion, manufacture, sale, distribution, display or use of the Goods.
Either Party may terminate this Agreement by giving 30 days’ notice in writing to the other Party.
Notwithstanding the other provisions of this Agreement, LOGON shall be entitled to terminate this Agreement forthwith if the Merchant is in breach of any provisions in this Agreement and the Merchant shall not be entitled to any cancellation or other fee or penalty thereunder.
Upon the termination of this Agreement, the Merchant shall promptly notify LOGON of all concluded agreement(s) entered into between the Merchant and the Customer(s) which have yet to be fully performed and shall be obliged to perform such agreement(s) with due care and diligence.
All rights, titles, Intellectual Property and interests in and to the Platform shall belong to LOGON except as otherwise provided herein. The Merchant does not through this Agreement, acquire any title, ownership, interest, copyright, trade secret, patent, know-how, goodwill, intellectual property rights or other proprietary rights of the Platform.
The Merchant shall obtain all necessary permissions or prior written consent from any relevant or applicable copyright owners before posting any of the Content.
LOGON shall own the copyrights of all contents, explanatory sentences, graphics, video, pictures, images or other information that are created or produced by LOGON.
Compliance and Indemnity
The Merchant shall strictly comply with all applicable laws, treaties ordinances, codes and regulations and specifically with any import and export, health, safety and environmental, laws, ordinances, codes and regulations of any jurisdiction (whether international or local) where this Agreement may be performed.
The Merchant shall unconditionally, irrevocably, fully and effectually indemnify, hold harmless and reimburse LOGON and its subsidiaries, affiliates, directors, officers, agents, assignees, partners and/or employees (“Indemnified Persons”) on a full indemnity basis from and against all claims, actions, demands, liabilities, penalties, fines, orders, awards, proceedings and judgment of any nature whatsoever (whether criminal or civil) made, imposed, brought or established against the Indemnified Persons, and all losses, costs, charges, fees and expenses howsoever sustained, incurred or suffered by the Indemnified Persons, directly or indirectly, relating to, based upon, arising from or in connection with this Agreement.
Limitation of Liability
The cumulative maximum liability of LOGON under or in connection with this Agreement irrespective of the basis of claim shall be limited in accordance with the provisions of this clause. The Parties agree that LOGON shall not be liable for any type of special, indirect or consequential loss, for any loss of profit or anticipated saving, loss of incorrect or spoiled data, loss of use, loss of contracts, loss of business, loss of goodwill or third party claims even if such loss was reasonably foreseeable or LOGON had been advised of the possibility of the same being incurred arising out of this Agreement. In all circumstances, LOGON’s total cumulative liability under this Agreement (whether the liability arise because of breach of contract, negligence or for any other reason) shall not exceed and shall only be limited to the Annual Fee payable by the Merchant to LOGON in this Agreement.
LOGON reserves the right, at its sole discretion, to change, modify, add or remove all or any part of Merchant’s Terms and Conditions, at any time. It is your responsibility to check these terms and conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
The Agreement shall be governed by and construed in accordance with the laws of Malaysia and the Parties hereto submit to the exclusive jurisdiction of the Courts of Malaysia.