Term of Service

  1. INTRODUCTION

    2. 1.1 Welcome to the ESB platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a ESB account ("Account") so that you are aware of your legal rights and obligations with respect to Exacmust Sdn. Bhd Company Registration 302948-D and its affiliates and subsidiaries (individually and collectively, "ESB", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by ESB client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services is also subject to these Terms of Service. These Terms of Service govern your use of Services provided by ESB.

    1.2 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy.

    1.3 ESB reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. ESB may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. ESB may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

    1.4 ESB reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

    BY USING ESB SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE "LEGAL AGE"), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.


  2. PRIVACY

    3. 2.1 Your privacy is very important to us at ESB. To better protect your rights we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how ESB collects and uses the information associated with your account and/or your use of the Services (the "User Information"). By using the Services or providing information on the Site, you:

    1. consent to ESB's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
    2. agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and ESB; and
    3. shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without ESB's prior written consent.

    2.3 Users in possession of another User's personal data through the use of the Services (the "Receiving Party") hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the "Disclosing Party") to remove his or her data so collected from the Receiving Party's database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.


  3. LIMITED LICENSE

    4. 3.1 ESB grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property ("Intellectual Property") displayed in the Site are the property of ESB and where applicable, third party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

    3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with ESB. You acknowledge that ESB may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.


  4. SOFTWARE

    5. Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. ESB reserves all rights to the software not expressly granted by ESB hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by ESB.


  5. ACCOUNTS AND SECURITY

    6. 5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that ESB, in its sole discretion, finds offensive or inappropriate, ESB has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. ESB has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

    5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify ESB of any unauthorized use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. ESB will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

    5.3 You agree that ESB may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that ESB deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products, or (h) behavior that is harmful to other Users, third parties, or the business interests of ESB. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, ESB may terminate your Account immediately with or without notice.

    5.4 Users may terminate their Account if they notify ESB in writing (including via email at support) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact ESB after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. ESB shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by ESB.

    5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.


  6. TERM OF USE

    7. 6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, ESB may effect such termination with or without notice to you.

    6.2 You agree not to:

    1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
    3. use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
    4. remove any proprietary notices from the Site;
    5. cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of ESB;
    6. open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
    7. manipulate the price of any item or interfere with other User's listings;
    8. attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by ESB with respect to the Services and/or data transmitted, processed or stored by ESB;
    9. collect any information about or regarding other Account holders, including, without limitation, any personal data or information
    10. upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorized form of solicitation;
    11. upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
    12. interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
    13. take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
    14. use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counterterrorism;
    15. use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
    16. infringe the rights of ESB, including any intellectual property rights and any passing off of the same thereof;

  7. VIOLATION OF OUR TERMS OF SERVICE

    8. Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

    • Listing deletion
    • Limits placed on Account privileges
    • Account suspension and subsequent termination
    • Criminal charges
    • Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

  8. PURCHASE AND PAYMENT

    9. 8.1 ESB supports one or more of the following payment methods in each country it operates in:

    1. Credit Card
      Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
    2. Bank Transfer
      Buyer may make payments through an Automated Teller Machine or internet bank transfer ("Bank Transfer") to our designated Bank Account. Buyer must provide ESB with the transfer receipt or payment transaction reference for verification purposes through email as payment confirmation. If payment confirmation is not received by ESB within three (3) days, Buyer's order will be cancelled.

    8.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.

    8.3 ESB takes no responsibility and assumes no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.


  9. DELIVERY

    10. 9.1 ESB will make delivery when ESB receives Buyer's Purchase Payment. ESB will make necessary arrangements to deliver item to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.

    9.2 ESB must use his/her best effort to ensure that Buyer receives the purchased items within the time period specified (for offline payment) by Seller on Seller's listing.

    9.3 Users understand that ESB does not bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that ESB will not be liable for any damage, expense, cost or fees resulted therefrom and ESB and Buyer will reach out to the logistic service provider to resolve such dispute.


  10. CANCELLATION, RETURN AND REFUND

    11. 10.1 Buyer may only cancel his/her order prior to the payment into ESB Bank Account.

    10.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of ESB Guarantee Period, if applicable, subject to and in accordance with ESB's Refunds and Return Policy. Please refer to ESB's Refunds and Return Policy for further information.

    10.3 Refunds to Buyers shall be made to their Bank Account provided within one (1) day of the return or refund request being approved.


  11. DISPUTES

    12. 11.1 In the event a problem arises in a transaction, the Buyer and ESB agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which ESB shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

    11.2 Users may send written request to ESB to assist them in resolving issues which may arise from a transaction upon request. ESB may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to ESB's Refunds and Return Policy.


  12. FEEDBACK

    13. 12.1 ESB welcomes information and feedback from our Users which will enable ESB to improve the quality of service provided. Please refer to our feedback procedure below for further information:

    1. Feedback may be made in writing through email.
    2. Anonymous feedback will not be accepted.
    3. Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
    4. Vague and defamatory feedback will not be entertained.
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