Terms of serviceJune 19, 2020 2022-07-20 6:35
Terms of service
Bean Search Expert Sdn. Bhd. (“BeanSE”) located at 3-25, Jalan Puteri 4/6, Bandar Puteri, 47100 Puchong, Selangor, Malaysia provides an ecommerce solution under the brand BeanSE that enables you to build an online store (“Store”) through which you may sell your products and services (“BeanSE Services”).
By signing up for BeanSE Services, you acknowledge that you have read and understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto (“Terms of Service”). IF DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT PROCEED WITH SIGNING UP.
- BeanSE Academy Services are available only to and may only be used by individuals who can form legally binding contracts under the applicable law of the jurisdiction in which they reside. Without limiting the foregoing, BeanSE Academy services are not available to persons under the age of EIGHTEEN (18) YEARS.
- These Terms of Service are binding on you, the user, and such person, company or other business entity (“principal” or “employer”) you represent. If you are registering on behalf of your principal or employer, you represent and warrant that you have the authority to bind them to these Terms of Service. Unless the context requires otherwise, all references to “you” or “your” include references to your principal or employer.
- BeanSE Academy uses many techniques to verify the accuracy of information provided when registering for BeanSE Academy Services and reserves the right to terminate the provision BeanSE Services to you if it believes for any reason that such information may be incorrect.
2. Features and Services
- BeanSE Academy Services’ features (excluding payment gateway services and third party plug-ins) are listed on the BeanSE official website and are available according to the package you sign up for. For full details, please refer to our webpage at https://www.beanse.com/
- BeanSE Academy will inform you by email of important information such as service outages, updates, modifications or new developments to BeanSE Academy Services and any changes to these Terms of Service.
- BeanSE Academy may within THIRTY (30) DAYS’ notice to you:
- Modify or discontinue any or all aspects of the BeanSE Academy Services or restrict your use of BeanSE Academy Services in whole or in part for any reason at our convenience; or
- Change our pricing or these Terms of Service.
If you find any change unacceptable, you may cancel your account (please see Section 6 below on the cancellation of accounts). Your continued use of BeanSE Academy Services after the coming into force of the change (expiry of the notice) constitutes your continued acceptance of the Terms of Service as amended.
- BeanSE Academy maintains a strict no refund policy and does not provide refunds.
3. Customer Content and Intellectual Property Rights
- BeanSE Academy does not claim any intellectual property rights over your information or material submitted to BeanSE Academy Services and you retain ownership over and responsibility for your Store’s content.
- However, you agree to grant BeanSE Academy the non-exclusive right and license to use your Store’s name, trademarks and content on our BeanSE Academy website or in printed or online advertisements or other publications describing BeanSE Academy Services.
- Also, you represent and warrant that you have all necessary rights to display and distribute your Store’s content whether as author or having possession of the requisite distribution rights, licenses or permission to use from the relevant owner(s).
- “BeanSE Academy” and its logos are trademarks of BeanSE Academy and the compilation, collection, selection, arrangement, assembly and coordination of all content available on the BeanSE Academy website are the exclusive copyright of BeanSE Academy.
- You acknowledge that these Terms of Service does not grant you any title or proprietary right or interest over BeanSE Academy Services’ software and technology, and any other ecommerce solutions or services provided by BeanSE Academy. You shall not perform or attempt to perform any of the following actions:
- Subleasing or otherwise offering for access any of the BeanSE Academy Services to any third parties;
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of BeanSE Academy Services’ software and technology; or
- Deleting or altering author attributes or copyright notices (unless expressly permitted in writing by the author or owner).
4. User Restrictions and Indemnity
- You shall not use BeanSE Academy Services in any manner that, as determined by BeanSE Academy in its reasonable discretion, whether actual or potential:
- Involves false, inaccurate or misleading advertisement, is fraudulent or involves the sale of counterfeit or stolen goods;
- Infringes or misappropriates any person’s copyright, patent, trademark, trade secret or other proprietary rights;
- Violates any law, statute, ordinance, regulation, governmental guideline or policy in your jurisdiction or in Malaysia;
- Displays content that is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person or otherwise infringes the requirements of the Content Code published by the Malaysian Communications and Multimedia Commission. Without limiting the foregoing, this shall include content that:
- Is defamatory, trade libellous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
- Display material containing pornography of any kind or any that exploits children under age of eighteen (18) years; or
- Displays content advocating, promoting or otherwise encouraging violence against any governments, organizations, groups or individuals or cruelty towards animal or that provides instruction/information or assistance in carrying out the same;
- Accesses illegally or without authorisation any computers, servers, accounts or networks of BeanSE Academy or any other BeanSE Academy users, or attempts to hack into BeanSE Academy security systems, having BeanSE Academy host or distribute any internet viruses or other harmful code, pinging, flooding, mail bombing or denial-of-service attacks, or disrupting others from effectively using BeanSE Academy Services;
- Involves the transmission of unsolicited commercial or bulk email (spamming) whether from or to BeanSE Academy servers;
- Participates in any activities relating to pyramid or ‘Ponzi’ schemes;
- Is harmful to BeanSE Academy servers (including without limitation overloading the BeanSE Academy Services’ servers or other technical infrastructure);
- Involves activities in the nature of gambling, sweepstakes, raffles or lotteries; or
- Otherwise creates liability for BeanSE Academy or its affiliates or contractors or exposes them to undue risk or otherwise is harmful to the BeanSE Academy operations, reputation, or goodwill.
- Where your intended use of BeanSE Academy Services require any licence, consent, authorisation, permission or approval from any government, governmental, supranational or trade agencies, courts or other regulatory body (“Licence(s)”), you agree not to operate such business via BeanSE Academy without having first obtained the appropriate Licence(s).
- You agree to indemnify and hold BeanSE Academy, its suppliers, advertising and promotional partners, and service providers including their respective officers, directors, agents, and employees harmless from any and all losses, costs (including reasonably legal costs and expense), liabilities or other expenses incurred or arising from:
- Your breach of any provision of these Terms of Service (including without limitation, from any infringement or misappropriation of any person’s copyright, patent, trademark, trade secret or other proprietary rights); and
- Your use of BeanSE Academy Services (including without limitation, from any of your Store’s content or any claims arising from the sale goods or services on your Store).
- For your information, BeanSE Academy employs Secure Socket Layers (SSL) to protect all your personal information. BeanSE Academy uses designated processors to handle all credit card payments and does not store any credit card information in any format or record.
6. Cancellation of Your Account
- You may cancel your account at any time by emailing us at email@example.com.
- However, you are liable for the charge(s) for the 12 months during which you have cancelled your account.
- Upon cancellation, BeanSE Academy may delete any data file associated with your use of the BeanSE Services.
7. Site Content Modification and Termination of Service
- BeanSE Academy may make changes to your Store to rectify the infringing content if you breach any of the provisions of these Terms of Service and:
- You fail to remedy it within the time period set out in our email notification to you; or
- You fail to conform to the instructions in our notification to our absolute satisfaction.
- You agree that BeanSE Academy shall not be liable for any damage, foreseeable or unforeseeable, direct or indirect, that may result from the changes made to your Store under this section 7.1.
- BeanSE Academy reserves the right to discontinue your use of any or all aspects of BeanSE Academy Services without prior notice if we have determined in our reasonable discretion that:
- You have breached any provision in our Terms of Service (including without limitation, if we receive information that your use of BeanSE Academy Services is in violation of any third party’s intellectual property or other proprietary rights); or
- It is necessary for security reasons or for the proper continuance of the operations of BeanSE Academy Services;
- You are not using BeanSE Academy Services for a legitimate business purpose.
- If at any time BeanSE Academy is unable to charge your credit card (e.g. your credit card information provided has expired) or if you otherwise fail to make any payment due to us, and fail to remedy the same within FORTEEN (14) DAYS’ from our notice, we may discontinue your use of any or all aspects of BeanSE Academy Services.
- In the event BeanSE Academy discontinues your use of BeanSE Academy Services entirely for reasons of sections 7.2 or section 7.3:
- You agrees not to re-register for or otherwise obtain access to BeanSE Academy Services without our written approval; and
- BeanSE Academy reserves the right to delete your account (including any data file associated with your use of the BeanSE Academy Services).
8. Disclaimer of Warranties
- BeanSE Academy provides BeanSE Academy on an “as is” basis and, to the widest extent permitted by law, expressly disclaims any and all implied or statutory warranties, including the warranties of reasonable care and skill, merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. Without limiting the foregoing BeanSE Academy gives no warranty:
- That the BeanSE Academy and its other software or services will be error-free or uninterrupted;
- Regarding uptime, use, data security, accuracy and reliability of BeanSE Academy Services;
- That our security procedures will prevent the loss of, alteration of, or improper access to your information;
- In relation to any third party offerings or products available via BeanSE Academy Services;
- In relation to the availability of external sites or resources (normally provided in BeanSE Academy Services), or for any of its content, advertising, products or other materials.
- BeanSE Academy provides domain name registration and renewal services only as a value added service to an active BeanSE Academy user. It is your responsibility to ensure that your domain(s) are renewed on time. BeanSE Academy does not guarantee successful renewal of domain(s) once the domain goes into the domain redemption period.
- You acknowledge and agree that this is a reasonable and an essential element of these Terms of Service and that in its absence, the economic terms of these Terms of Service would be substantially different.
9. Limitation of Liability
- To the widest extent permitted by law, BeanSE Academy (including its directors, officers, employees and agents) shall not be liable for any loss of profit or any direct, indirect, special, incidental, consequential or other damages arising out of or in connection with your use of BeanSE Academy Services (however arising, whether as a result of your contractual relationship with BeanSE Academy or negligence).
- Any notices in connection with BeanSE Academy Services or these Terms of Service will be sent by BeanSE Academy to your email provided to us during registration. The notice will be deemed to have been received on the day it is sent out from our electronic mail server.
- You may not assign, transfer or delegate your account or any rights or obligations under these Terms of Service.
12. Governing Law
- These Terms of Service shall be governed by and construed according to the laws of Malaysia.
13. Force Majeure
- BeanSE Academy’s delay in or non-performance of any duties or obligations under these Terms of Services will not be considered a breach of these Terms of Services if such delay or non-performance is caused by a labour disputes, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond our control.
- These Terms of Services does not create any relation of agency, partnership, joint venture, employee-employer or franchiser-franchisee between you and BeanSE Academy .
- If any provision of these Terms of Services is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable. In particular, and without limitation to the foregoing, any provision that potentially violates the provisions of the Consumer Protection Act 1999 (in particular Part IIIA – “Unfair Contract Terms”) shall be read to include the qualifying phrase “to the widest extent permitted by law”.
- No failure or delay on the part of BeanSE Academy to exercise any right or remedy under these Terms of Service shall operate as a waiver thereof.