Terms and Conditions

Terma dan Syarat

PICKSUM Terms & Conditions

 

THE TERMS OF USE SET OUT BELOW GOVERN YOUR ACCESS AND USE OF THE PICKSUM WEBSITE / APP (“Platform”) AND THE USE OF ANY SERVICES, INFORMATION AND FUNCTIONS MADE AVAILABLE BY US AT THE PLATFORM (“Services”). BEFORE USING THIS PLATFORM OR THE SERVICES, YOU MUST READ CAREFULLY AND ACCEPT THESE TERMS OF USE AND ALL OTHER TERMS AND CONDITIONS AND POLICIES PERTAINING TO THE USE OF THE PLATFORM AND/OR THE SERVICES (COLLECTIVELY REFERRED TO AS “Terms and Conditions”) AND YOU ARE DEEMED TO HAVE CONSENTED TO THE PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH OUR PRIVACY POLICY (“Privacy Policy”). BY ACCESSING THE PLATFORM AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND ANY AMENDMENTS TO THE FOREGOING ISSUED BY US FROM TIME TO TIME. IF YOU DO NOT AGREE TO TERMS AND CONDITIONS AND THE PRIVACY POLICY, DO NOT ACCESS AND/OR USE THIS PLATFORM AND/OR THE SERVICES.

1. Terms of Use

    1. The Terms of Use set out here (as may be changed, varied, amended, modified on the Platform from time to time by Picksum, a platform registered under Spacerubix Sdn Bhd (Company Registration No.: 1188498-X) with an address at Spacerubix, Jalan TPP 1/3, Taman Perindustrian Puchong, 47100 Puchong, Selangor (“Picksum”, “we”, “us” or “our”)), constitute a legal agreement between you and Picksum.
    1. We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the principal purpose of viewing, ordering, purchasing and paying for items sold on the Platform. Breach of the Terms of Use shall result in the immediate revocation of the license granted herein without notice to you. You hereby consent to be restricted, banned, prohibited at any time to use of the Platform and/or Services with or without reason or notification.
    1. Content provided on this Platform is solely for informational / illustration purposes. Product representations, warranties, statements and/or opinions expressed on the Platform are those of the merchant(s) / Participating Vendors.
    1. If you wish to register for an account or subscribe / sign-up for such services or related features, you agree to provide us with accurate, complete, and updated registration information about yourself at all times. Failure to do so shall constitute a breach of the Terms and Conditions.
    1. You are solely responsible for keeping passwords and other account identifiers safe and secure. As account owner, you are entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorised use of your password or account. You shall solely be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this provision.
    1. You grant us a non-exclusive and irrevocable licence to use in anyway whatsoever the materials or information (which you hereby represent and warrant to be true and accurate) that you submit to the Platform and/or provide to us, including but not limited to, identity, questions, reviews, comments, and suggestions. 
    1. You hereby grant us irrevocable consent to: 
  1. monitor, screen or control, manage, restrict any activity, content or material on / through the Platform and/or Services;
  1. report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
  1. request any information and data from you in connection with your use of the Platform / Services at any time and to exercise our right under this clause if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

3. Definitions

(1) The meaning of such term shall be defined as follows:

(i) Participating Vendors : any vendors which sells items available at the 

(ii) Site: www.picksum.com
 

(iii) Payment methods: either by way of Credit Card Payment or iPay88, or Stripe or any other payment gateway we deem fit.

(iv) Product(s): any item(s) listed on the Platform

(v) Order(s): Product(s) added to the shopping cart of the Platform.

4. Our guidelines to use the Platform

(1) The use of this Platform is subject to our Platform’s terms of use and guidelines. You shall only use the Platform for lawful purposes and you are prohibited from:-

(i) causing nuisance, annoyance, inconvenience when ordering items from / via the Platform;

(ii) using the Platform for any other purposes other than obtaining the Services;

(iii) impair the proper operation of the Platform or Services;

(iv) harming the Platform or Services in any way whatsoever;

(v) copying, or distributing the Platform’s content or other content without  prior written permissionfrom us;

(vi) misusing the Platform or committing any form of penetration, hacking or causing a corruption of data, transmitting and/or distributing virus that is technologically harmful to the Platform;

(vii) infringing upon the rights of any other users and/or their proprietary rights.

5. Payment

(1) Any purchase of Products through the Platform will require a pre-payment to be made.

(2) If you choose to make payment through a Debit/Credit Card:-

(a) You must possess a valid debit/credit card (Master and Visa) which must be registered with the Platform;
The payment will be processed by the payment gateway selected by ipay88 or Stripe or any other payment gateway

(b) You are required to open and maintain an account with the payment gateway and be bound by the terms and conditions determined by the payment gateway merchants.

(3) We shall also reserve the right to rectify any discrepancies without the need to provide you notification

6. Purchasing our Products

(1) All orders that you place on the Platform will be subject to the acceptance of the Terms and Conditions to submit an Order and purchase, you are required to follow the online shopping process as provided on the Platform.

(2) Non-acceptance of your order may be due to any one or more of the following non-exhaustive reasons:

(i) The product you ordered is out of stock;

(ii) Non-authorisation of your payment;

(iii) One or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information on the Platform;

(iv) There is a system or procurement failure.

(3) The Products for listed for sale on the Platform are subject to availability of sufficient stock by the the Participating Vendors.
 All prices stated on the Platform are subject to GST or any other taxes imposed by the government.

(4) All prices stated are correct at the time of listing at the Platform.

7. Delivery Policy:

(1) Delivery of your purchased Product will be made by the Participating Vendors. The deliver of the purchased Productwill be made within 3 to 5 working days after the purchase is made and in the event of any unforeseen circumstances, within any reasonable period. Your purchased Product will be packaged in standard packaging suitable for the purpose of delivery of your purchased Product. We shall not be held liable in anyway whatsoever for any matters whatsoever related to delivery.

(2) We shall not be held liable for any losses, costs, damages, charges or expenses for any delay or failure in respect of the delivery the ordered Products. For any delivery related issues or complaints, please contact our Customer Service at hello@picksum.com

(3) Ownership of the Products will pass to you when they have been delivered to you. Once ordered Products have been delivered to you they are held at your own risk.

(4) You must observe and comply with all the applicable regulations and legislation to order Products from this Platform. The service and/or delivery of the purchased Products to you may be prohibited by certain laws. We make no representation and accept no liability in respect of the consequences arising from the usage of the Products ordered.

(5) We shall have no liability to you for any failure to deliver the purchased Products you have ordered or any delay in doing so or for any purchased Products not fit for consumption for whatever reasons and we reserve the right to withdraw any Products from the Platform at any time and/or remove or edit any materials or content on this Platform. 

(6) We have the right to revise the Product listing and prices without prior notification.

(7) It is your responsibility to ensure you are legally allowed to purchase the Products you ordered through the Platform.

(80) You are required to have a registered account prior to making any order.

8. Exchange and Refund Policy:

(1) If you wish to exchange or are not satisfied with your purchase, you may request subject to the conditions below for any exchange or refund of your purchase  within30 days from the date of receipt of the purchased Product. 

(2) In the event of any issues in respect of the purchased Products, we shall inform the relevant Participating Vendors to fulfill the following, at your option:

  1. make good any shortage or non-delivery;
  2. replace any Products that are not fit for usage or consumption or utilization; or
  3. refund within 14 clear days after assessment of the purchased Product returned by you.

(3) Items that may not be returned or exchanged shall include but not limited to the following:

(i) Any perishable Products;

(ii) Any food items that have been opened and consumed other than items deemed spoilt upon receipt of the purchased Product;

  1. Any cosmetics or beauty products;
  2. Any intimate clothing, swimwear or clothing where its use or consumption may be affected or interacted with the hygiene/health and personal care/wellness of the user;
  3. Any jewelry where its use or consumption may be affected or interacted with the hygiene/health and personal care/wellness of the user;
  4. Any wind musical instruments;
  5. Any Product that may be deemed as consumable by way of use, application or utilization (i.e books, games, software, music, films, gadgets, tools);
  6. Any Product sold as a marked down, discounted or sale item on the Platform; or
  7. Any Product deemed by us to be unsuitable for reuse by a subsequent purchaser.

(4) Notwithstanding Paragraph 8(2) and 8(3) above, a refund for or exchange of the purchased Product will be permitted in the event of the following:

(i) You did not receive your purchased Product;

(ii) The purchased Product upon receipt was determined to be defective or damaged;

(iii) The purchased Product delivered did not match the specifications (i.e colour, size, type) that was specified on the Platform at the time of purchase; 

  1. The purchased Product delivered is materially different from the description provided on the Platform for the purchase of the Product; or
  2. You no longer wish to purchase the Product and the Participating Vendor permits for the return of the Product.

(5) When a request for a refund or exchange is made by you (“Request”), you are required to return the Product to us for our assessment of your Request. When a Product is to be returned, you are to ensure that the Product including its enclosed free items which were included with the Product must be returned to us in the same condition as received by yourself upon delivery, un-used with only the packaging opened for verification. This shall include the requirement for all tags and packaging to remain intact when returning the item to us. You are also required to provide any photographic or video evidence of the Product at the time of delivery for our further verification. 

(6) To initiate a Request or any related issues on refund, please contact our Customer Service at hello@picksum.com and provide us your order number, name and address, details of the Product and reason for return and whether to request for a refund or a replacement.

(7) In the event the request to exchange the Product was due to the error of the Participating Vendor, the shipping fee for the return and exchange of the Product shall be borne by the Participating Vendor. 

(8) In the event the request to return and refund the Product is due to you no longer wishing to purchase the Product and upon approval by the Participating Vendor, all shipping fees to return the Product will be borne by yourself.

(9) Any refund to you shall be made after the purchased Product has been returned and verification was made of the condition of the purchased Product. You will only be refunded the amount paid for the purchased Product (“Refund Amount”). The Refund Amount will be released/refunded to your designated credit/debit card which was utilized for the purchase of the Product. 

9. Redemption

(1) We reserve to provide any form of promotional redemption vouchers at our sole discretion. As a general rule, you may only redeem only one voucher per promotional campaign. We reserve the right to cancel any subsequent Orders made by you using a voucher of the same promotional campaign.

10. How we deal with personal information

(1) When you use the Platform, you hereby agree and acknowledge that you consent for us to  collect, store and use certain information provided by you as described in our Privacy Policy  (“Personal Information”). 

(2) The purpose for collecting your Personal Information is for and not limited to the following purposes:

(i)To verify your identity;

(ii)To manage and maintain your account or contract with us;

  1. To provide and improve our services to you;
  2. To carry out your instruction(s) or respond to any enquiries, complaints, comments or feedback that you have submitted to us;
  3. To engage in business transactions in respect of services to be offered and provided to you;
  4. To comply with any legal or regulatory obligations under the applicable laws, regulations, guidelines or industry codes that applies to us;
  5. To conduct marketing and information technology activities (for example, market research).

11. How we deal with confidential information

(1) Confidential Information is important to the both of us. In view of this, we endeavor not to disclose or use your Confidential Information and you shall strictly be prohibited from disclosing and/or using our Confidential Information. However, nothing binds us from the acts of the payment gateway providers who may mishandle your Confidential Information. If you have any related issue or complaint, please contact our Customer Service.

(2) “Confidential Information” means any information disclosed or made available to you by us or vice versa, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information we disclose or make available to you.

(3) However, Confidential Information does not include information other than information that:
is or becomes publicly known and generally available other than through your action or inaction; or
was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.

(4) You acknowledge, consent and agree that we may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: 

(i) comply with legal process; 

(ii) enforce this Agreement; 

(iii) respond to claims that any content violates the rights of third parties; 

(iv) respond to your requests for customer service; or 

(v) protect our rights, property or personal safety, our users and the public.

12. Our liability to you when you use our Platform

You agree to release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the use of the Platform and/or Services. We are not responsible for the actions of the payment gateway providers as they are not our employees and/or agents. If you have any related issue or complaint, please contact our Customer Service at hello@picksum.com.

13. Our Intellectual Property Rights

(1) You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Platform, and that you will not acquire any rights, titles, or interests in or to the Platform except as expressly set forth in this Agreement.

(2) No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Platform or proprietary information related thereto.

(3) You will not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Platform.

(4) “Intellectual Property Rights” means any and all intellectual property rights (which are hereby reserved), registered or unregistered, existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide, in respect of, in connection with or arising from the Platform / Services.

14. Marketing and Notifications

(1) We will send you information containing advertisements and promotions of the Products if you have opted-in to receive them. If you have however opted out, we may still send you notification relating to on-going activities on the Platform. You may unsubscribe by contacting us or using the unsubscribe option in the email updates that we forward to you.

(2) For any other details you can contact us at hello@picksum.com.

15. When can we suspend or terminate your account or this Agreement

(1) We may suspend or terminate your access to all or any part of the Platform at any time without any notice to you, with or without cause, effective immediately. Any termination of this agreement shall not affect your duties and obligations (including without limitation, your payment obligations) arising before the date of termination. You furthermore agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any of our terms, conditions, rules, policies, guidelines, or practices in respect of the Platform and/or Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

16. What happens after termination

(1) In the event that this Agreement is terminated for whatsoever reasons, the following shall be applicable:-

(i) your access to the Platform shall immediately terminate;

(ii) you shall continue to comply with all of the obligations on your part under this Agreement which are not affected by termination;

(iii) we reserve the right to permanently dispose and delete any data held in the Platform without further reference to you; and

(iv) any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.

17. Limitation of Liability

  1. We shall not be held liable for any form of liabilities including but not limited to fraudulent transactions made on your credit cards, any form of misuse of the Platform, improper or non-delivery, non-merchantable quality of the Products ordered, and you agree to hold us harmless for any liabilities and will further indemnify us if you wish to initiate any action against us.
  1. The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by us of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for information / illustration purposes only.
  1. Without limiting the foregoing, we do not warrant that the Platform and/or the Services 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 Platform 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.
  1. Picksum and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
  1. any access, use and/or inability to use the Platform or the Services;
  1. reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
  1. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
  1. any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
  1. Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

18. What happens if there is a dispute between us

(1) The Terms and Conditions are governed by the Malaysian law and both you and Picksum agree to be subject to the exclusive jurisdiction of the Courts of Malaya. Any claim against us arising from the Agreement shall be filed on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.

19. Can we modify this agreement

(1) We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Platform at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.

(i) If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification on this Platform. Use of the services by you following such notification constitutes your acceptance of the terms and conditions as modified.

(ii) What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

20. General Terms

(1) Nothing in the Agreement prohibits us from adding, withdrawing or modifying the functions and operations of the Platform and we reserve the right to do so.

(2) You agree to indemnify, defend and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Platform and/or your breach of any term of this Agreement.

(3) This Platform may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.

(4) No agency, partnership, joint venture, employee-employer or other relationship is intended or created by this Agreement.

(5) If any of these terms and conditions of this Agreement is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of this Agreement will not be affected.

(6) In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

(7) We do not represent or warrant that:-

(i) access to the Platform or any part of it, will be uninterrupted, reliable or fault-free; or

(ii) the Platform or any of its contents will be accurate, complete or reliable.

(8) We do not guarantee or warrant that the data stored in our server or generated by the Platform will be backed up. You shall be responsible for keeping an independent backup of all data stored or generated. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, the latter shall prevail.

Dated: 2020