TERMS OF SERVICE

These Terms of Service ("General Terms") apply to the “Emerce TV” website which is powered by Emerce TV Sdn Bhd and govern the rights and obligations regarding your access to and use of the services available via the website (“Services”)

These General Terms constitute a fully binding agreement between you, as user of the Services and us, as the provider the Services. Your access to and use of the Services requires your compliance with these General Terms and we recommend you read the same.

By using the Services in any manner you agree to be bound by these General Terms and any and all other rules, policies and procedures that we may publish from time to time in relation to the Services.

If you do not agree to these General Terms or any of its parts, then you are prohibited and must refrain from using the Services.

Subject to your compliance with the General Terms, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Services for non-commercial purposes.

RESTRICTIONS

You may not, without our prior written consent (i) offer to rent or lease of resell the Services; or (ii) offer the Services to third parties as a part of a service you own; (iii) use the Services in any unlawful manner, (iv) use the Services in any manner inconsistent with these General Terms; (v) violate any third party or other user's right to privacy or other rights; or (vi) to gather or collect personal information through any means. The examples set out in (i) through (vi), above are listed purely for illustrative purposes and do not constituted an exhaustive list of restricted activities involving the Services.

SIGNING UP FOR THE SERVICES

By signing up to use the Services you represent and warrant that you will provide us with accurate and complete sign up information and further warrant to keep such information up to date and accurate. Any failure to do so on your part shall constitute a breach of the General Terms which may result in us terminating your access to the Services.

As part of signing up to use the Services, you agree that you have to sign up and be a member of Emerce TV.

As an individual signing up for the Services, you represent and warrant that you are of legal age to form a binding contract with us. If you are under the legal age to use the Services provided, you may use the Services if enabled by a parent or legal guardian. If you sign up for the Services for and on behalf of an entity then you represent and undertake that you are authorised by that entity to (i) enter into and bind the entity to these General Terms; and (ii) sign up for the Services

By signing up for the Services, you shall be solely responsible for ensuring that these General Terms are in compliance with all laws, rules and regulation applicable to you in whichever country, region or state you are located. In the event the Services or these General Terms are prohibited where you are located, then you agree not to use the Services in any manner whatsoever.

We reserve the right to update, amend or modify, in any manner, any of these General Terms from time to time, without notice to you in accordance with the terms set herein.

OUR CONTENT

The Services may contain content provided by us or our partners (“Our Content”) which is protected by copyrights, trademarks, marks, patents, trade secrets or other proprietary rights and laws, as applicable. You undertake to comply with and maintain all copyright notices, information, and restrictions contained in any such content accessed through the Services.

YOUR CONTENT

Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library (“Your Content”).

By submitting such content to us, you or the owner of Your Content still own the copyright in Your Content, but by submitting Your Content via the Services, you hereby grant us a worldwide, royalty-free and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with Emerce TV including but not limited to the promotion of Emerce TV through any media format.

You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. This means that you are granting us the right to use Your Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), any unions or associations, and engineers, producers or other royalty participants involved in the creation of Your Content.

You undertake not to upload or submit any content to Emerce TV that is:-

1. defamatory, libellous, pornographic, harassing, offensive, or encourages conduct that would violate any law, or is otherwise inappropriate;
2. infringes any intellectual property right of any person or entity;
3. violates the privacy of any person or entity;
4. is illegal or unlawful;
5. abusive, has an intention to harass, threaten, impersonate or intimidate other Emerce TV users;
6. is inaccurate or false or could be seen as misleading;
7. contains software viruses or files designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any part of the software of Emerce TV or any third party; or
8. is in breach any of the terms of our Privacy Policy.

We do not endorse any content you upload through Emerce TV including any opinion, recommendation, or advice expressed therein. We are also not responsible nor liable for any opinions, recommendation or advice set out in Emerce TV. The opinions, recommendations and advice set out therein are not ours and we expressly disclaim any and all liability in connection with such content including content you may upload through Emerce TV.

Any of Your Content will be considered non-confidential and non-proprietary. You must not post any of Your Content on or through the Services or transmit to us any of Your Content that you consider to be confidential or proprietary. When you submit Your Content through the Services, you agree and represent that you own that content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.

We reserve the right to determine whether any content you upload complies with these General Terms. We may remove such content or take any other appropriate measure (including terminating your account or access to Emerce TV) if we discover that you have breached any of these General Terms regarding content that may be uploaded or submitted through Emerce TV.

If requested or if we are the view that it is necessary, we will, at any time, cooperate fully with any regulatory authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any content that violates these General Terms.

We reserve the right to terminate your access to Emerce TV if we discover that you have infringed the copyright or intellectual property rights of another person or entity. If you believe that your work has been copied and submitted or uploaded through Emerce TV in a manner which would infringe your copyright in such work please inform us via enquiry@emerce.tv We will request details of such infringement from you including but not limited to the description of the copyrighted work that you claim has been infringed and where within Emerce TV such material is located.

ORDERS

All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order pursuant to the Services upon these General Terms. All orders shall be subject to acceptance by Emerce TV. Processing for an order shall not in itself constitute acceptance of the order by Emerce TV, Emerce TV reserves the right to reject or cancel an order for any product(s).

All orders made by you are subject to stock availability. Emerce TV reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason. Emerce TV reserves the right to limit your order or the quantity of a particular product you may order.

MARKETPLACE

Your use of the Marketplace is at your sole discretion and risk. Emerce TV or any third party who manages, operates and/or renders the products and/or services on the Marketplace (“Marketplace Operator”) shall not under any circumstances be liable or responsible for any damages suffered or loss incurred by you in respect of any statement, representation, communication or implication relating to or arising from the product and/or services rendered to you by the Marketplace Operator (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against any of them giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased, or delivered by the merchants on the Marketplace).

Emerce TV and the Marketplace Operator make no representations, warranties, or guarantees of any kind whether express or implied as to the merchantability or fitness for purpose, of the offers and promotions offered through the Marketplace by any of the Marketplace merchants or business partners and you bear all risk in relation to your use of such products and/or services. For avoidance of doubt, you are solely liable for all purchases you make using the Marketplace including but not limited to your purchases of any of the services and/or products made available on the Marketplace. Your use of the Marketplace’s services shall be your responsibility and Emerce TV nor the Marketplace Operator shall be liable to you in any manner for the same.

Emerce TV and the Marketplace Operator are not responsible in any way for your connections and relationships with other users of the Marketplace and you release us from all liability relating to the same. Emerce TV and the Marketplace Operator make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall Emerce TV be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Marketplace. As such, you agree to exercise the utmost personal care and precautions in all interactions with any party you come into contact with through the Marketplace, particularly if you decide to meet such parties in person.

WARRANTY

Your use of the Services is at your sole discretion and risk. You shall be solely liable for any content posted or submitted through Emerce TV. All content accessed by you through Emerce TV is done at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.

We do not have any fiduciary duty or special relationship with you. We make no representations concerning any content contained in or accessed by you through the Services and we will not be responsible or liable for the accuracy of material contained in or accessed through the Services.

We will not be responsible for any harm to the device you use to access the Services including but not limited to your mobile device or computer, personal injury, death, loss of data, property damage, or other harm that results from your use of the Services.

THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

LIMITATION OF LIABILITY

We, our directors, employees, agents, representatives, partners, suppliers or content providers howsoever expressly exclude to the fullest extent permitted by law, all liability arising for any loss suffered as a result of your use of the Services or any related content. Our total liability, if a court of competent jurisdiction determines that our liability (or that of our directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to RM100.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your breach of these General Terms; (iii) any representations made by you during your use of the Services; or (iv) your violation of the rights of any party including but not limited to any intellectual property right, or publicity, confidentiality, property or privacy right.

GOVERNING LAW

These General Terms shall be governed by the laws of Malaysia, without respect to its conflict of laws principles.

CONTACT

You may contact us via email at enquiry@emerce.tv on any membership or website related issues.