Terms Of Use

Introduction

Asia5B is operated by ASIA5B SDN.BHD. Asia5B is a registered company in Malaysia under Companies Commission of Malaysia (SSM).

Legal Identity

Company Name: ASIA5B SDN. BHD.

Company Registration Number: 1194082-D

Company Address: NO. 61, TINGKAT 2, LORONG USAHANIAGA 5,

TAMAN NIAGAJAYA, 14000 BUKIT MERTAJAM,

PULAU PINANG, MALAYSIA.

Use of the Site is on the terms incorporated below (Terms of Use) which form a legal agreement between you and us and which can only be amended with our consent.

By accessing and using the Site you are indicating your acceptance to be bound by these Terms of Use; if you do not agree to these Terms of Use you should stop using the Site. These Terms of Use should be read in conjunction with any details provided on the Site about how the Site operates and the services which are available.

You should also read our Privacy Policy. We reserve the rights to change these Terms of Use from time to time without prior notice by changing them on the Site.

Last update on these Terms of Use: 27th September 2017.

1.0 Privacy Policy

Refer to User Privacy for more information about the privacy policy.

2.0 Web Content

2.1 Accessing the Site

Unfortunately, whilst we do whatever we can to minimize disruption, we are unable to guarantee the availability or error-free status of the website. Please see the Liability page section 13 (1) for more information.

You are responsible for ensuring that your computer system is compatible with, and meets the specifications necessary to use, the Site. We cannot take any responsibility for any virus or other malware you may encounter through our website. You should make sure you use up-to-date anti-virus and anti-spyware programmes when browsing the internet.

Access to certain areas of our Site can only be accessed by registered users (for example areas of our site containing reports available for purchase). You can register by following the prompts on the home page of the Site, and fill in the relevant forms. If you chose to register, you should also read our Privacy Policy, which contains information on how we use any personal information that you provide to us.

Any login details provided to you when you register with the Site are exclusive to you, are non-transferable, and must be treated as strictly confidential at all times. If you have any concerns regarding your log in details or become aware of any misuse, you should contact us.

We reserve the rights to withdraw, suspend or modify the Site or certain features or parts of the Site at any time. There may also be times when the Site or certain features or parts of the Site become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the Site or any service available on or through the Site.

2.2 Using the Site

Certain features of our Site can only be accessed by the registered users (including areas of our site that contain reports available for purchase). Please see 2.1 Accessing the Site for more information.

You must use the Site and the information available from the Site responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

2.3 Accuracy of information

This Site may contain reports, updates or other information provided by third parties. We include this information on the Site as it may be of interest to users, and we will use reasonable endeavors to ensure that information on the Site is accurate. However, material posted on the Site is not intended to amount to advice or reliable authority; we do not represent or warrant that any of the information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information. Please also see the Liability page for more information.

If you find any inaccurate information on the Site please let us know and we will endeavor to correct it, where we agree, as soon as reasonably practicable.

2.4 Intellectual Property Rights

© asia5b.com, 2017. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to ASIA5B SDN BHD with appropriate and specific direction to the original content.

You shall not use, copy, reproduce, modify, publish, transmit, sell or in any way exploit, our name, trademarks, logos or other proprietary marks, or any of the content of the Site, except as provided in these Terms of Use or as otherwise reasonably instructed by us.

Where we advertise its availability, you may download information from the Site. Any such information must be used for your own personal non-commercial use only. You may also be able to purchase reports or other information advertised on our Site by contacting our customer service.

The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use.

2.5 Links to this and other websites

We may provide hyperlinks from the Site to other internet sites which are operated by other organizations. We are not responsible for external websites that link to the Site or which are linked from it. Our inclusion of hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.

We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on the Site. Without prejudice to that right, if you wish to link to the Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:

the link is neither misleading nor deceptive and must fairly indicate the Site as the destination of the link;
you do not remove, distort or otherwise alter the size or appearance of our logo;
you do not create a frame or any other browser or border environment around the Site;
you do not in any way imply that we endorse any products or services other than our own;
you do not misrepresent your relationship with us nor present any other false or misleading information about us; you do not otherwise, use any of the trademarks displayed on the Site without our express written permission; you do not link from a website that is not owned by you;
any website from which you link to the Site does not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

[You may not link from another internet site to any page on the Site, without our prior written consent and subject to your entering into our standard form of website linking license.]

3.0 Code of Conduct

3.1 Content, material or actions that violate these Terms are not permitted

By agreeing to these Terms, you’re under the obligation to follow these rules:

Do not engage in activity that is harmful to (or threatens to disrupt, interfere with, or harmful to) the Services, Asia5B's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of Asia5B's customers to effectively use the services.
Do not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Asia5B or others.
Do not use our Services to mislead or confuse users by pretending to be someone else; do not access another user's account without their permission.
Do not use the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks.
Do not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Asia5B.
Do not post or upload any Materials that contain personally identifiable information, sensitive personal information, confidential information, such as credit card numbers, confidential national ID numbers, or account passwords.

3.2 Enforcement toward comment given

We reserve the rights to deny Your Comment/ Content posted if it exceeds limits on storage or file size allowed by the Service. In addition, if you violate any of the obligations listed in section 3(1) above or otherwise materially violate these Terms, we may take action against you including (without limitation) stopping providing Services or closing your Asia5B's account immediately for good cause or from the Services. We also reserve the right to remove or block Your Account from the Services at any time if it is brought to our attention that it may violate applicable law or these Terms. When investigating alleged violations of these Terms, Asia5b reserves the right to review your content in order to resolve the issue.

4.0 Using the service & Support

4.1 Asia5B's account or third party Login Account

You will need aa Asia5B's account to use the service and other third party services. Your Asia5B's account will let you sign in to products ordering page, online oversea platform websites and services provided by Asia5B and some Asia5B partners. You may also use your Facebook or WeChat account to log into Asia5B's account (if you register for an Asia5B's account through Facebook or WeChat).

4.2 Creating an Account

You can create an Asia5B's account or simply sign up for an account through your Facebook or WeChat account. You agree not to use any false, inaccurate or misleading information when signing up for your Asia5B's account. If you create an Asia5B's account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Asia5B's account or to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Asia5B's account.

4.3 Account Use

To keep your Asia5B's account active, you must sign into www.asia5b.com at least once a year; otherwise, we will block your Asia5B's account for you. Please see section 4(4) for the closing an Asia5B's account. If we suspect that your Asia5B's account is eing used by a third party fraudulently (for example, as a result of an account compromise), Asia5B may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of your content. If you are having trouble accessing your Asia5B's account, please contact this customer service hotline (+60 10-908 0255). To send an inquiry, you must "Login" to your Asia5B's account at www.asia5b.com.

For Kids and Accounts. By signing up, you represent that you have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please do not create Asia5B's account before you have asked your parent or legal guardian for help. If you are the parent or legal guardian of a minor that creates a Asia5B's account, you accept these Terms on the minor’s behalf and are responsible for supervising your minor child in the use of the Asia5B's account, or Services, including all the purchases, whether the minor’s account is now open or created later.

After the registration as Asia5B’s user, you will need to bear the legal responsibility for all the behaviour according to your user name and password. As a user, you are able to modify your login password and profile information,

4.4 Service Notifications

Notifications and information will be sent out to your personal account or to your mobile app if there is a changes to the order status or account balance. If you gave us your phone number in connection with your Asia5B's account, then we may send notifications to you via SMS (text message), including to verify your identity before registering for a new account, forgot pasword for login account and changes to your payment password. Data or messaging rates are fully bear by Asia5B when receiving notifications via SMS. We recommend you to monitor and maintain the email address and mobile number you specified (Rememer to update your personal information regularly).

4.5 Image Searching

You can use Image Search feature to find your desirable product(s) at Asia5B's platform by uploading a photo. The system of this searching tool associated with all existing product database in Asia5B's platform product. Your photo attached may vary to the actual result search. You further agree that your use of this image searching may be subject to the system recognition accuracy of matching.

5.0 Using Third-Party Platform and Services

5.1 Using Third-Party Platform and Services

Our Asia5B's website may allow you to access or purchase products, services, content, material, games or applications from third party platform (Oversea online platform companies or people who aren’t Asia5B) ("Third-Party Platform and Services"). www.asia5b.com helps you find Third-Party Platform and Services, and you understand that you are directing our Site to provide Buy-for-You service. The Buy-for-You service may allow you to place an order from other platforms, Asia5B helps you on ordering process and ship it to your door step.

All of the products or merchandise may present that origin offer/ produce by third parties and require you to accept all the sales terms and condition that liaise with Third-Party Platforms’ Supplier. See section 10 and 11 for additional terms for order purchases acquired through the Third-Party Platform’s Supplier. You should review any additional terms and policies before acquiring or purchase any item from Third-Party Platform Site. Any damage in term of functioning and warranty of the product itself, Asia5B will not bear the responsibilities. www.asia5b.com does not license any product warranty or intellectual property to you as part of any Third-Party Platform. You agree to assume all risk and liability arising from your use of these Third-Party Platform Products and Services and that Asia5B is not responsible for any issues arising out of your use of them. Asia5B is also not responsible for information provided by the third party.

6.0 Scope of Services

6.1 Daigou “Buy-for-Me”

From the date on which your Asia5B's account is created and activated we will:

directly purchase a different kind of merchandise or products as displayed at Asia5B's Product Categories Page or Copy & Link other China online platform,
provide One-Shop Order Fulfilment that from your order confirmation and payment according to your desirable mode of delivery, purchase the items as you want, ship back your parcel and delivery to your door step accordingly.
provide for tracking parcel delivery status,
provide image searching base on the photo as submitted for matching all possible products that have highly similarities with the image.

You acknowledge that our currency exchange rate are based on the nearest existing rate. Any product price is direct exchange using the reasonable and without any mark-up fees or charges imply at the final product price.

Asia5B may offer the customer a free agent fees for all order transaction. It is understood and accepted that we shall not collect any agent fees on every single of order invoice. By continuing to each of order that included order processing, documentation and other handling fees, we just collect processing fees to cover all the expenditure on that.

7.0 Payment Terms

If you make a purchase at the Asia5B site, then these payment terms apply to your purchase and you agree to them.

7.1 Charges

Product Price If there is a charge associated with the product price stated at Asia5B's site (after multiplying with the latest conversion rate currency exchange) according to the Third-Party Platform Product Price, you agree to pay that charge. The Product Price (Item price & China Local Delivery Fees) stated at Invoice is excluded Malaysia GST taxes, unless stated otherwise. You are solely responsible for paying such Malaysia GST taxes (6%) on “Other Charges” (International Shipping Fees, Local Delivery Fees, Processing Fees, Insurance Fees). GST 6% Taxes are calculated based on your invoice stated as “Other Charges” at the time your Asia5B's account was completed the order payment, unless stated otherwise.

Product Price Changes (Differ) and Currencies Changes

After we have given you a period of time (3 days) that we did not receive your order confirmation, full payment from you, we may re-submit the order for next verification if you do not immediately make the full payment. The next order verification may incur price differ from previous product pricing due to the fluctuation of exchange rate conversion, Third-Party Platform supplier price adjustment and China Local delivery based on the distance delivery.

If there is a difference in the price due to any reason after you completed payment, we will inform you as soon as possible by sending SMS notification and you may refer to mobile apps notification. You may base on the pay of price differ option to clear it as re-confirm again the order details or may cancel the order. However, Third-Party Platform Supplier may on hold the order subject to a several factors including Stock Availability (Out of Stock), suggested to take other design, colour or different SKU option which similar with the item you want. All the final pricing may vary after order confirmation, it depend on the timing of your response/ revert back order confirmation with full payment and the charges from Third-Party Platform Supplier.

7.2 Variety of Payment Method (Top-up Payment & Withdraw)

Upon receiving your order, we will carry out a standard authorization check on your payment order request to ensure there are sufficient funds to fulfil the transaction. Currently, payment option/ gateway available at Asia5B's Top-Up Payment included FPX, Credit Card, E-banking, and ATM Top-Up. Your total top-up amount will be debited upon authorisation being received and you may check your balance at My Account. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase.

By placing an order via this Asia5B's website or a5b Mobile Apps, you are making an order to Asia5B to purchase the goods detailed from Third-Party Platform Supplier in your order upon the terms described, at which point your Asia5B's payment account will be pre-authorised.

You certify that the payment method you are using is your own Asia5B's account balance that there are sufficient funds to cover payment of the whole order detailed cost.

No charge will be applied to credit/debit cards or via FPX Top-up accounts until the point of order confirmation; therefore no contract for the sale of any product will exist between you and Asia5b until we accept your order by despatching your order.

Where an Asia5B's Voucher has been used as payment deduction, the balance will be deduct on the “Other Charges” (International Shipping Fees, Local Delivery Fees, Processing Fees, Insurance Fees) as listed in the order confirmation.

If any product from your order list is unavailable/ out of stock, we will contact you through the app's notifications, then attempt to fulfil your order from the additional charges occurs and confirm details of any cancellation made where fulfilment has not been possible.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will have their details passed onto the Police.

If you decided that want to withdraw the exiting account balance under your member account, you may fill in the form at Personal Page and submit with the full details as required.

Important Notice: We are unable to make amendments to an order after the order payment done. Should you wish to make any changes prior to cancel the order, please contact our Customer Services team on hotline (1700-818-151).

7.3 Online Statement and Errors

Asia5B will provide you with an online billing statement on the Asia5B's account > Transaction Details, where you can view and print your statement (Invoice, OR, CN, DN and PS). For iOS and Android user accounts, you can access your account (under Mine button) by signing in to your account. This is the only billing statement that we provide. An invoice with the VAT – Malaysia GST 6% may be made available depending on the company policy. If we make an error on your bill, we’ll correct it promptly after you tell us (or we notice it) and we investigate the charge. We recommend that you tell us within 60 days after an obvious error first appears on your bill as it is easier for us to resolve the issue during that period.

8.0 Right to Withdraw (Goods Return)

We will pay the amount to be refunded as soon as possible and within 7 working days of the withdrawal notification. We will however delay the payment until we have received the withdrawn products or proof that they have been sent to us (certificate of delivery). The refund will be paid with the same payment method that you used to pay the withdrawn products unless otherwise, both parties agreed.

Your right to withdrawal does not apply to contracts which:

relate to a service which has been fully performed, if by placing the order you have consented to the commencement of performance of the service and acknowledged that there would be no right to withdrawal after the performance of the service(Example stated at promotion offer rules and regulations;
relate to goods which may quickly deteriorate or expire;
relate to goods with a broken seal which are not suitable for return due to reasons of health or hygiene, and the seal has been broken by you;
relate to goods which, after delivery, by their nature, are such that they are mixed with other items so that the items cannot be separated;
relate to a sealed audio or video recording or sealed computer software and the seal has been broken by you;
relate to individual issues of a newspaper or magazine;
relate to digital content which is supplied other than on a tangible medium, if you have expressly consented to delivery in such way and acknowledged that there would be no right to withdrawal;
relate to cultural events, sporting events, or any other similar leisure activity, food service, catering, or any other similar service, accommodation, transportation of goods or vehicle rental, where we are to provide the service on a specific day or during a specific period.

9.0 Delivery Terms

All delivery time-frames stated are estimated and may be subject to change. Please note, for International deliveries, and charges may apply. For further details, please contact Customer Services team on hotline (+60 10 908 0255)

10.0 Product Characteristic

10.1 Product Information

Characteristics of the products can be found on the website and described within each product page that contains of Third-Party Platform Supplier item produced. The images and colours of products offered online for sale may not exactly correspond to the real ones as a result of improvements and implementations carried out in the meantime or due to the particular browser and the Internet monitor used.

10.2 Warranty and Complaints

Some of the products displayed at Asia5B's Platform may come with warranties. Information about such warranties is provided on the Third-Parties Platform or in these General Conditions by the manufacturer. During the order confirmation, you may select the options that called Parcel Warranty. Our Parcel warranties cover only the parcel that original manufacturing defects (Due to product features only; excluded Product Functionality and accordingly the parcel not ship out as normal delivery timeline arising upon or the parcel totally lost on the delivery process. Any individual product changes of the function and/or appearance of the products, such as rebuilding, upgrading or other configuration of the products may cover under Warranty Agreement.

From the day that you received the products parcel, you may send complaints regarding products that are defective according to applicable consumer protection legislation. You must fill in then submit us a complaint containing your order details, and a specification of the products that the complaint relates to, for example by using the on web Goods Returns form on the My Order Page. You must also aware the notifications of the complaint status and submit the goods return applications as soon as possible after the discovery of the defect (Within 7 working days). Any submission of the complaint made within two weeks from the discovery of the defect will always be considered fail to apply complaint regarding the goods defected.

We will refund you for defective products in accordance with applicable consumer protection legislation and carry the cost for return delivery of the products to us. We strive to perform such refund within 30 days from receipt of a complaint and finding that a refund shall be made, but this time may be delayed depending on the nature of the product and product investigation. We also strive to comply with any guidelines regarding defective products provided by the relevant national consumer protection authorities. The refund will be paid with the same payment method that you used to pay the order for the complaint products unless otherwise agreed.

10.3 Prohibitions

We will cancel the order which contains of illegal contents and prohibited by Malaysia Government Custom Law. (You may refer the Prohibited Products List)

11.0 Disclaimer of Liability

You agree that we shall not be liable for any consequential, indirect, incidental or special loss (including loss of profits and trading losses) that result from your use of the Services even if you have advised us of the possibility of such loss. Consequential loss includes pure economic loss, loss of profit, loss of business and likely loss whether direct or indirect.

Other than through our negligence or willful default, we will not be held liable for any losses, damages or claims that result directly or indirectly:

from any person obtaining any account details that we have issued to you prior to you reporting to us the misuse of your Login Information.
from any research which you rely on in making an order, whether published by us or not.
from a delay transmitting any order.
from any changes in tax rates.
if we fail to receive any documents sent in respect of your Account or any funds held on your behalf, or if you fail to receive any such documentation which we may forward to you.

Nothing in this Terms of Use Agreement shall be taken to restrict or exclude any duty or liability which we may owe you.

You agree to indemnify us against any loss, liability, cost, claim, action, demand or expense incurred or made against us in connection with the proper performance of your obligations under this Terms of Use Agreement, except where that loss, liability, cost, claim, action, demand or expense arises from our negligence, fraud or willful default or that of our employees.

Our failure to seek redress for violations, or to insist upon strict performance, of any condition or provision of this Customer Agreement or our failure to exercise any right or remedy to which we are entitled under this Customer Agreement, shall not constitute an implied waiver thereof.