TERMS AND CONDITIONS FOR WEBSITE USERS (PURCHASERS)
1. MYGP is a company providing webbase known as www.mygptouristguide.com (“The Website”) for User to purchase goods that are being sold by Companies/Vendors authorize by MYGP.
2. MYGP shall change the address of The Website as they deem fit.
3. If there is a change of The Website, MYGP shall inform the User of the change of The Website via the registered email of the account of the User.
4. MYGP shall engage any third party to maintain The Website or operate The Website.
5. The following terms shall be referred to as stated:-
a) “Website” shall mean the website provided by MYGP for the purpose of User to purchase goods sold by Vendor.
b) “Goods” shall mean Voucher, discount Voucher or physical goods sold by Vendor in the Website which can be purchase by the User.
c) “Purchase” means the purchase of Goods by user.
d) “ Account” means the account registered by the User upon providing all required information and approved by MYGP.
e) “email” means email of the User which shall be used by the User for all communication with MYGP.
f) “User” means any User that use the website for the purpose of purchasing item from the website from the Vendor.
g) “All information about the User” shall mean the personal information about the User including payment details, name, NRIC, Address, contact No, email, next of kin information, or if the User is a Company, Company Name, Company Registration No, business address, email address, payment details, Directors personal information and any other information related to the User Company or its directors and shareholders).
h) “Third Party” shall mean parties other than User in this agreement.
i) “Vendor” shall mean the Vendor whom the User purchase the Goods.
j) “Relevant Authorities” shall mean Government Authorities, Statutory Body, and any other Authorities in Malaysia.
k) “Expiry Date” any expiry date shall commence from the date the User place order in Cart.
l) “Illegal Goods” shall mean any Goods that is not permitted by the Laws Of Malaysia.
m) “Service Charge” shall mean charges impose by Paypal to MYGP.
n) “Cost” shall mean Legal action by Vendor, MYGP, relevant authorities, Third Party, including all legal fees, damages, cost and any other claims or expenses including any fine impose by Relevant Authorities.
o) “Oversea” shall mean country that are outside of Malaysia
6. The User shall register an account with MYGP for the purpose of Purchasing goods from the Website.
7. The User shall provide all information about the User required by MYGP for the purpose of registering an account
8. MYGP shall request for further information from the User as deem fit.
9. The User is a registered user of the website approve by MYGP based on information provided by The User.
10. Upon approval of registration, the User shall be given an account by MYGP.
11. The User shall ensure all information provided are true, accurate, current and complete at all times.
12. In event there is a change of information of the User, the User shall immediately update the Account failure which MYGP shall notify the User to update and to suspend the User Account until such update are completed by the User.
13. The User is anyone above the age of 18 for the sole purpose of purchasing (including non Malaysian) any items sold by the Vendor on the Website.
14. If the Users are below the age of 18, the User shall inform MYGP and any use of the Website is strictly with the supervision of the parents or guardian of the User.
15. The User shall ensure that the password set shall be in compliance with the latest guideline of MYGP which shall change from time to time.
16. The User is fully responsible for the username and password of the Account created in the website.
17. The User fully understand that the Account shall be used by the User only.
18. The User shall ensure that no multiple accounts are created failure which MYGP shall at its absolute discretion restrict any registration of Account for the User.
19. The User shall ensure no multiple logins or accounts failure which MYGP shall take action against the User Account including but not limited to suspension for a period of time or termination of the User Account.
20. If the User is found to have allowed Third party to use The Account, MYGP shall suspend or terminate The Account.
21. If The Account is suspended or terminated, any purchase made by The User shall remain valid whereby the User shall deal with the Vendor directly..
22. MYGP shall request further information from the User time to time.
23. The User shall within 7 days upon MYGP request further information or any other all information about the User provide to MYGP such requested information failure which MYGP shall suspend or terminate the Account.
24. The User shall ensure the email provided are the email of the User.
25. All communications to the user shall be via email of the User and MYGP.
26. In event of change of email by the User, the User shall inform MYGP failure which MYGP shall not be responsible for the User non receiving of any notification or complain or any other and to bear all Cost due to non responding of MYGP email.
RECEIVE OF EMAIL
27. MYGP reserve the right to send the User administrative and promotional emails and any other emails as MYGP deem fit.
28. MYGP shall at their absolute discretion send to the User information regarding User account activity and purchases, as well as updates about the Website, the Goods and any other promotional offers.
29. The User shall be rate by the Vendor for each dealing. Upon the rating of the User is less than 2 star, MYGP shall have the discretion to suspend or terminate the User Account.
30. In event the User has objection as to its rating, The User may write to MYGP via email whereby MYGP shall upon consideration and at its absolute discretion increase or maintain the rating of the User Account or to suspend or terminate the User Account.
31. The User is entitled to indicate its satisfaction in dealing with the Vendor when the purchase if finalized by using the rating system set by MYGP
32. The indicated satisfaction is reflected on the assessment of the Vendor of the related products sold by the Vendor together with any comments by the User if any.
33. All ratings about the User about the Vendor shall be posted on relevant pages on the website by MYGP.
34. Any review posted by the User shall be the sole responsibility of the User whereby MYGP shall not be responsible in event such review is subject to Cost by the Vendors or any other party whom the User review.
35. MYGP shall have the full discretion to delete any review which MYGP deem it to be abusive causing defamation or damaging the credit of the Vendor or any other User or Third Party which the review is directed to.
36. MYGP shall have the full discretion to delete or ban any review which is deem to increase or decrease the rating and credibility of the Vendor or meant to give false information or impression to other Users, Vendor or Third Party about the Vendor whom the User purchase Goods from. .
37. The Website shall display Goods sold by the Vendor.
38. In event the User are buying goods for Third party, MYGP shall not be responsible for such dealing by the User whereby the User shall indemnify MYG for any Cost arose by MYGP due to such action of the User.
39. The User shall not be allowed to buy goods from Vendor for further resale to Third Party failure which MYGP shall have the right to suspend or terminate the User Account whereby the User shall indemnify MYGP for any Cost due to such action of the User.
40. The Goods Sold are subject to the availability by the Vendor and shall be the sole responsibility of the Vendor. .
41. MYGP shall not be responsible for the discrepancy of The Goods showed in website with actual goods delivered by the Vendor to the User.
42. If the Goods sold are in form of voucher, MYGP shall not be responsible with the validity or the terms in the Voucher or any discrepancy with the actual offer given in the Voucher whereby in event of such happening the User shall deal directly with the Vendor for any refund, exchange or any other dealings.
43. If the Goods sold are in the form of physical goods, MYGP shall not be responsible if the physical Goods are not in compliance with the pictures, description or specification stated by the Vendor in the Website whereby in event of such happening the User shall deal directly with the Vendor for any refund, exchange or any other dealings.
44. MYGP shall not be responsible in event the information provided by the Vendor on the Goods sold are misleading.
45. MYGP shall not be responsible in event the Goods sold on the Website are out of stock.
46. Upon full payment by the User on Goods purchased, the sale is deem final.
47. In event the upon the full payment by the User the Goods purchased are out of stock, MYGP shall not be responsible whereby in event of such happening the User shall deal directly with the Vendor for any refund, exchange or any other dealings.
48. MYGP shall not entertain any request for cancellation of purchase or seek for refund or change of goods from the User in anytime.
49. Any refund or cancellation of sale shall be dealt directly by the User to the Vendor.
50. In event the User wish to cancel the Purchase or change of Goods sold by the Vendor, the User shall deal directly with the Vendor.
51. Any purchase made by the User shall not be affected by the termination of either the User Account or Vendor Account. due to wrong information supplied or violation of any terms of this agreement or rules of the website or any other reason by MYGP by either the User or the Vendor whereby the User shall deal directly with the Vendor.
DISCREPENCY OF THE GOODS
52. MYGP shall not be responsible for any discrepency of the Goods purchase by the User from the Website which include but not limited to Goods not in accordance to description, fake goods and any other discrepency.
53. In event of any discrepancy of the Goods delivered by the Vendor, the User shall deal directly with the Vendor.
54. If any illegal goods are sent by the Vendor to the User, the User shall immediately notify Relevant Authorities and MYGP whereby MYGP shall provide to the User and Relevant Authorities all information of the Vendor .
55. The User shall ensure not to conduct the following acts in using the Website or any services provided by MYGP:-
1) To send or receive any material which is not civil or tasteful;
2) To send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other User, Vendor or Third party rights;
3) To send or receive any material which is technically harmful (including computer viruses, logic boms, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.;
4) To cause annoyance, inconvenience or needless anxiety;
5) To intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6) To use the Website for fraudulent purpose;
7) To use the Website other than in conformance with accepted internet practices and practices of any connected networks;
8) To use the Website to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
9) To circumvent the Website or MYGP Security including accessing data not intended for the User, logging into a server or account the User is not expressly authorized to access or probing the security of other networks (such as running a port scan)
10) To access the Services and/or Website in such a way as to, or to commit any act that would or does impose an unreasonable or disproportionately large load on MYGP infrastructure.
11) To execute any form of network monitoring which will intercept data not intended for the User.
12) To send any unsolicited mail messages including the sending of “junk mail” or other advertising material to individual who did not specifically request such material unless specifically request by the individual.
13) To send malicious email, including flooding a user or site with very large or numerous emails;
14) Entering into fraudulent interactions or transactions with other Vendor or Users or on behalf of a Third party whereby the User has no authority to bind that third party or the User pretend to be Third party.
15) Engage in any unlawful authority.
16) Engage in any conduct which shall restrict or inhibits other Vendor and User and Third Party from properly use or enjoy the Website or service.
NON DELIVERY OF GOODS
56. MYGP shall not be responsible in event the goods are not delivered to the User.
57. In event of such happening, the User shall deal directly with the Vendor and take any necessary action deem fit by the User.
58. MYGP shall supply all information of the Vendor to the User.
PAYMENT OF GOODS ORDERED
59. The User shall use the means of payment available under its name when purchasing the Products and shall not arbitrarily use the means of payment available under other’s name.
60. The User shall use the method of payment that is approve by MYGP.
61. The User shall be responsible for all cost suffered or sustained by MYGP due to User not abiding to the rules of payment set by MYGP.
62. The User shall be responsible and liable for the information provided by the User in connection with the payment of the Purchase.
63. If payment is not made within five (5) days [Mondah-Friday] from the date on whcih the purchase order is placed, it shall be deemed that the order has been cancelled, whereby MYGP shall not refund or responsible for any payment made by the User or cost incurred by the User.
64. MYGP shall confirm whether the User has the justifiable right to use the means of payment used by the User and may stop or cancel the transaction untill such confirmation is completed.
65. If MYGP has reason to believe the account payment of the User is suspicious due to involvement in illegal activity, MYGP shall report and release all relevant information to Relevant Authorities.
RETURN / REFUND / EXCHANGE
66. The User shall be entitled to return for a refund or exchange the Goods to the Vendor in event the Voucher purchase shall expire 2 weeks on the day of order of the Voucher subject to the agreement of the Vendor whereby the User shall deal directly with the Vendor.
67. The User shall be entitled to refund or exchange the Goods if the good delivered are defective subject to the agreement of the Vendor whereby the User shall deal directly with the Vendor.
68. The User shall not be entitled to refund if the User is discovered to Purchase the Goods in bulk.
69. MYGP shall suspend or terminate the User account if the User is found to have frequently use the refund function or to bar the User from using such refund function.
70. MYGP shall suspend or terminate the User account if the User found to deliberately cause disruption and inconvenient to the system or any other reason which MYGP deem fit.
71. The User shall not be entitled to return the Voucher for a refund prior to 2 weeks to its expiry date.
72. The User shall not be entitled to return the Goods for a refund if the value of the Goods has been significantly reduce due to happening of certain events or due to the act attributable to the User.
73. The User shall not be entitled to return the Goods if the goods is damage due to act attributable to the User.
74. The User shall not be entitled to return the goods if the package of the Goods is damaged.
75. For the avoidance of doubt, any dealing for return/refund or exchange by the User shall be dealt directly by the User to Vendor and shall be at the discretion of the Vendor.
76. Any cost incurred by the User for the refund or exchange of Goods shall be dealt by the User to the Vendor directly.
VALIDITY OF VOUCHER
77. If the Goods are in the form of Voucher it is at the discretion of the Vendor to determine whether the Voucher can be combined with any other promotions , vouchers, third party certificate or coupons.
78. Neither MYGP or the Vendor are responsible for lost of stolen Voucher or Voucher reference numbers of the User.
79. The Voucher (including, but not limited to any discounts provided by the Voucher) expires on the date specified on the Voucher, any subsequent redemption upon the expiry of the Voucher will not be entertained and are at the sole discretion of the Vendor whereby all dealing of such shall be between the User and the Vendor.
80. All Goods in the form of Voucher are subject to the terms and conditions and/or any terms and conditions as may be specified by the relevant Vendor.
81. If the Vendor terminates the validity of the Voucher prior to its expiry date, the User shall take any action deem fit by the User on the User own accord towards the Vendor.
82. MYGP will not be responsible for such termination of the validity of the Voucher by the Vendor.
LIMITATIONS ON ORDER
83. MYGP shall at its absolute discretion limit the amount of Goods purchase by the User.
84. MYGP shall at its absolute discretion prior to the full payment by the User cancel the order of Goods of the User.
85. In event of such limitation or cancellation of goods, MYGP shall inform the User via the registered email of the User on the Account and shall not be held liable for such act.
86. The User are allowed to review the products subject to no foul language or abusive language being use for the purpose of commenting or reviewing the products sold by the Vendor on the Website.
87. The User shall be liable for any Cost due to any untrue statement on the review.
PAYMENT OF CUSTOM DUTY FOR GOODS SENT OVERSEA
88. If the goods purchase are to be sent to oversea, the User shall pay all customs duty impose by the relevant country for such Purchase and delivery of goods.
89. The User fully aware that the Customs of the Country where the goods sent shall prior to the goods being delivered to the address as stated have the authority to open up the package for inspection purpose.
GOODS PURCHASE TO COMPLY WITH RULES OF COUNTRY SENT OVERSEAS
90. The User shall ensure all Goods purchased are allowed in the Oversea failure which MYGP or the Vendor shall not be responsible if the Goods purchased not allowed to be delivered in the Oversea and shall not be responsible for any Cost by the User due to such Purchase and shall indemnify MYGP for such purchase.
GOODS PURCHASE FROM OVERSEA TO COMPLY WITH LAWS OF MALAYSIA
91. The User shall ensure all Goods purchased are allowed in Malaysia failure which MYGP or the Vendor shall not be responsible if the Goods purchased not allowed to be delivered in Malaysia and shall not be responsible for any Cost by the User due to such Purchase shall indemnify MYGP for such purchase.
TRAFFIC / ERROR OF THE WEBSITE
92. MYGP shall not be responsible if The User is unable to purchase an item after log in which includes disconnect or any other system error that arose caused by the Traffic of The Website which causes the User not able to purchase the item desired.
93. MYGP does not warrant the use of the Website will be interrupted and do not warrant that any information (or messages) transmitted via the Website will be transmitted accurately, reliably, in a timely manner or at all.
94. MYGP does not warranty the Website is free from viruses or anything else which may have a harmful effect on any devise use by the User for accessing the Website.
95. MYGP shall not be responsible for any damage on any devise of the User due to usage of the Website.
96. MYGP shall not be responsible if the access to the Website may be suspended, restricted or terminated at any time.
97. MYGP reserves the right to change, modify, substitute, suspend or remove without notice any information on any Services from time to time. The User access to the Website and/or the Services may also be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or services. MYGP will attempt to restore such access as soon as MYGP reasonably can. MYGP assume no responsibility for functionality which is dependent on User browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, MYGP shall also withraw any information or Goods from the Website at any time.
98. MYGP shall block access to and/or edit or remove any material which in MYGP opinion may give rise to a breach of any of the terms and condition of this Agreement.
99. The User shall not claim against MYGP in event the Website is usable.
SERVICE BY MYGP
100. Any service required by MYGP by the Users shall be between Monday-Friday 9.am-6pm.
AMENDMENT OF AGREEMENT
101. MYGP shall be entitled to amend this agreement anytime they deem fit subject to notification to the User 14 days prior to such amendment take effect via an email and posting on the Website.
102. The User shall at all times regularly review information posted in the Website to obtain timely notice of such amendment of the Agreement.
103. If the User are not agreeable to the amendment, the User can elect to terminate the Account and to direct deal with the Vendor.
104. If upon notification, the User still continue to use the Website, the User shall deem to have accepted the amended terms and shall therefore comply with such term in the amended agreement which shall supercede the previous agreement.
PAYMENT AND REFUND
105. All payment of the Purchase of The Goods shall be vide online to MYGP directly.
106. For the avoidance of doubt and to other clause in this agreement, any request for refund shall be dealt directly by the User to the Vendor.
TERMINATION OF ACCOUNT
107. If it is discovered any of the User information is untrue, MYGP shall notify the User to rectify such information failure which MYGP shall suspend or terminate the User Account pending such rectification of the User account information.
108. If its discover by MYGP that the Users of below the age of 18 uses the Website without the authorization of their parents or guardian MYGP shall suspend or terminate the User Account.
109. MYGP shall terminate the User account if the User violated any rules of the Website or any of the terms of this Agreement.
110. MYGP shall upon receive complain from other Users or Vendor about The User violation of any of the rules of the Website or terms of this agreement investigate such act of the User and upon investigation it is found that such complain is true, MYGP shall suspend or terminate the Account of the User.
SECURITY OF USER ACCOUNT INFORMATION
111. MYGP shall ensure its best endeavour to ensure the User Account are not leak out.
112. In event the Website is being hack or any unforseen circumstances that causes the leakage of the Users details, MYGP shall not be responsible for such leakage.
113. In event of any leakage, MYGP shall give its full corporation to Relevant Authorities for investigation purpose.
114. MYGP however are compel to provide The User information to Relevant Authorities if instructed to do so.
115. MYGP shall release the User information to Relevant Authorities if required by statute or any written law or Court Order.
116. MYGP shall also share the User account information between its employees for the purpose of running the website and for the purpose of dealing with the Vendors or any Third Party or Relevant Authorities.
117. MYGP shall share the User account information to any Relevant Authorities for the purpose of investigation of crime, fraud, intellectual property infringement or any other matter.
NAME, LOGO, TRADEMARK USAGE
118. The User shall not without written permission of MYGP use the logo of MYGP or MYGP name or any information related to MYGP.
119. The User shall not without written permission of MYGP use the logo of the website or the name of the website or any information related to the website.
120. In event the User is found to use the MYGP logo or the website logo or name of the website without the permission of MYGP, MYGP shall be entitled to take any legal action against the User for any damages or cost incurred due to Act of the User.
121. The User shall not without written permission of any Vendor use the Vendor logo, name or any information related to the Vendor without prior written consent by the Vendor.
122. The Vendor shall be entitled to take any legal action against the User for the illegal usage of the Vendor’s logo, name or any information related to the Vendor.
APPLICABLE LAW IN EVENT OF DISPUTE
123. The User fully understands that The Website is merely a platform for the User to purchase Goods in the Website and MYGP shall not hold any responsibility for the dealing between the User and the Vendor.
124. In event if any dispute either between the User to MYGP or Vendor, the applicable laws shall be the laws of Malaysia.