Terms of Service
1. INTRODUCTION
1.1 Welcome to the Grand1Mall webstore platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Grand1Mall Shopping account ("Account") so that you are aware of your legal rights and obligations with respect to Prompt Ad Enterprise (Company Registration No. 200303023337 (PG0115569-P), its affiliates and/or subsidiaries (individually and collectively, "Grand1Mall", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Grand1Mall client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Grand1Mall.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Grand1Mall is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Grand1Mall may or may not pre-screen Users or the Content or information provided by Users. Grand1Mall reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.5 herein. Grand1Mall cannot ensure that Users will actually complete a transaction.
1.3 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 linked hereto.
1.4 Grand1Mall 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. Grand1Mall 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. Grand1Mall 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.
1.5 Grand1Mall 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 GRAND1MALL 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 REFERENCED HEREIN AND/OR LINKED HERETO.
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
2.1 Your privacy is very important to us at Grand1Mall. To better protect your rights we have provided the Grand1Mall’s Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Grand1Mall 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:
(i) consent to Grand1Mall's collection, use, disclosure and/or processing of your personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Grand1Mall; and
(iii) 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 Grand1Mall’s prior written consent.
2.2 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
3.1 Grand1Mall 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 Grand1Mall and where applicable, third party proprietors identified in the Site. No right or licence 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 Grand1Mall. You acknowledge that Grand1Mall may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4. SOFTWARE
4.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Grand1Mall reserves all rights to the software not expressly granted by Grand1Mall 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 Grand1Mall.
5. ACCOUNTS AND SECURITY
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 Grand1Mall, in its sole discretion, finds offensive or inappropriate, Grand1Mall has the right to suspend or terminate your Account.
5.2 By registering an Account, you agree and understand that:
(a) You may use any product and/or services available in Sites or applications provided by and/or operated by Grand1Mall.
(b) Grand1Mall may make available through the Sites certain products and/or services that originate from or are offered by Grand1Mall’s affiliates, subsidiaries or partners and other products made available by such affiliates, subsidiaries or partners from time to time in the Sites. You acknowledge and agree that the purchase or transaction of these products and/or services is subject to the terms of service for the respective products or services, which you separately agree to and accept when using or accessing such products, applications, websites or services and, therefore, that Grand1Mall is not responsible for and shall not be liable in the case of any failure or error relating to the purchase or transaction of these products or services. Please contact the relevant provider if you have any questions or encounter any issue in relation to the purchase or transaction of these products or services.
(c) You may be directly connected to and use the product and/or services available in the out of platform application(s) provided by certain of Grand1Mall’s affiliates and associates, including Payment Gateway & Bank. (“Bank & Credit Card Payment Services”) (“Out of Platform Application”).
Your Account may be used to sign into, use or access the products, applications, websites and services provided by Grand1Mall, as well as those provided by certain of its affiliates or partners. Such products, websites and services shall be bound by the respective affiliate or partner's terms and conditions and privacy policies, which you agree to and accept when using or accessing such products, applications, websites or services. You may be able to use or access your Account, including any associated payment methods, transaction records, or other identifiers, through a variety of user interfaces, including, but not limited to, the Grand1Mall application or website or through other products, applications, websites or services.
(d) In the event that you use the Out of Platform Application as mentioned in paragraph (c) above, the use of such product and/or services shall be subject to the respective terms of service provided by the relevant affiliate or associate of Grand1Mall.
5.3 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 Grand1Mall of any unauthorised 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. Grand1Mall will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.4 You agree that Grand1Mall may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or 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 or suspend 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 Grand1Mall deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (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, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), (h) failure to make timely payment of any outstanding amount (or other obligation) owed to Grand1Mall or any of its Affiliates (subject to applicable law), or (i) behaviour that is harmful to other Users, third parties, or the business interests of Grand1Mall. 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, Grand1Mall may terminate your Account immediately with or without notice.
5.5 Users may terminate their Account if they notify Grand1Mall in writing (including via email at Grand1Mall@outlook.com) 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 Grand1Mall after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Grand1Mall 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 Grand1Mall.
5.6 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
6.1 Without limitation to Section 2, you acknowledge, consent and agree that Grand1Mall may collect, use and/or process data relating to product performance for the purposes of narrowing down product listings and improving Grand1Mall services and user experience (including to performance data with other product performance data, to the extent relevant).
6.2 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, Grand1Mall may effect such termination with or without notice to you.
6.3 You agree not to:
(a) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(b) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(c) access the Grand1Mall platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
(d) take any action that may undermine the feedback or ratings systems;
(e) 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 Grand1Mall with respect to the Services and/or data transmitted, processed or stored by Grand1Mall;
(f) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(g) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(h) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(i) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
(j) 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;
(k) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(l) 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;
(m) 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;
(n) 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 counter-terrorism;
(o) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(p) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(q) infringe the rights of Grand1Mall, including any intellectual property rights and any passing off of the same thereof;
(6) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
7. PURCHASE AND PAYMENT
7.1 Payments for goods purchased on Grand1Mall can be made by using one or more of the following payment methods in each country it operates in:
(i) 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.
(ii) Cash on Delivery (“COD”)
Grand1Mall provides COD services. Buyers may pay cash directly to the delivery agent upon their receipt of the purchased item.
(iii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Grand1Mall Account AmBank: Prompt-Ad Enterprise (8881044376256). Buyer must provide Grand1Mall with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Grand1Mall’s app as payment confirmation. If payment confirmation is not received by Grand1Mall within three (3) days, Buyer’s order will be cancelled.
Where a Buyer provides consent to Grand1Mall to link or save any payment method to their Account, the Buyer consents to Grand1Mall sharing such payment method information with any payment processor, payment gateway, payment facilitator or other payment intermediary, channel or service provider for purposes of storing such payment method information and processing payments using such payment methods.
7.2 Availability of a given payment method or its compatibility with Grand1Mall may depend on your payment method and other factors and may change at any time.
7.3 You may be able to save a payment method to your Account through the Grand1Mall application or website, the payment method issuer’s application or website. In order to save a payment method, you must complete required information on any registration forms presented to you. The information that you provide must be current, complete and accurate, and you must maintain it as such.
7.4 When you save a payment method, Grand1Mall may store information relating to the payment method, such as your name, user ID, phone number, account number, account information, billing address or delivery address and other information relating to your account. Grand1Mall reserves the right to modify, suspend, cancel and/or set any conditions, including but not limited to setting minimum spending amount, for any payment method.
7.5 Your saved payment methods will be able to be used in your Account and you may use the saved payment method on the Site.
7.6 You authorize us to confirm that your payment method is in good standing with its provider, including, but not limited to, by submitting a request for a payment authorization and/or a low-value credit and/or debit to the payment method, in accordance with payment network rules or other requirements applicable to the payment method.
7.7 Except where Grand1Mall or its affiliate is the issuer, neither Grand1Mall nor its affiliates are a party to your payment methods’ accountholder agreements, privacy policy or other terms of use. Nothing in these Terms of Service modifies any such payment method issuer terms. In the event of any inconsistency between these Terms and your payment method issuer's terms or privacy policy, these Terms of Service will govern the relationship between you and Grand1Mall, and your payment method issuer's terms will govern the relationship between you and the payment method issuer. Grand1Mall does not make any representation or verify that any of your payment methods is in good standing or that the issuer of your payment method will authorize or approve any transaction with payment gateway merchant when you use Grand1Mall.
7.8 Except where Grand1Mall or its affiliate is the issuer, neither Grand1Mall nor its affiliates are involved in issuing credit or determining eligibility for credit, nor do they exercise control over the availability or accuracy of payment methods or funds, the provisioning (or addition) of payment methods to Grand1Mall, or addition of funds to payment method balances. For any concerns relating to the foregoing, please contact your payment method's issuer.
7.9 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
7.10 Grand1Mall 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 authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
8. If your Account has been terminated, deactivated or suspended in accordance with these Terms of Service, or your Account remains inactive (for such duration as Grand1Mall may prescribe from time to time), we shall be entitled to charge a fee for the administration of any remaining Seller Balance in your Account. The amount and frequency of such fee shall be prescribed by Grand1Mall from time to time.
9. DELIVERY
9.1 Grand1Mall shall arrange for the delivery of the purchased item(s) according to the information provided by Buyer. Grand1Mall will inform Buyer’s of the delivery of such purchased item(s). Unless otherwise agreed with Buyer, Grand1Mall should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site or Whatsapp.
9.2 Grand1Mall will use best effort to ensure that Buyer receives the purchased item(s) within the time period specified.
9.3 if the Buyer elects to engage a Delivery Partner to deliver a purchased item, Grand1Mall shall make such purchased item available for pick-up by the Delivery Partner within such timelines and in accordance with such procedures as may be notified by Grand1Mall from time to time.
9.4 Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, Grand1Mall in such proportions as may be determined by Grand1Mall and published on the Site from time to time.
10. SHIPPING DEALS
10.1 The quantum of Shipping Discounts available to be utilised by Buyers is issued at Grand1Mall’s discretion.
10.2 The Shipping Discounts can only be applied to orders that are delivered by a Grand1Mall Supported Logistics partner and are always subject to availability.
10.3 Grand1Mall may remove or suspend the Shipping Deals at any time.
11. CANCELLATION, RETURN AND REFUND
11.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Grand1Mall's Company Account.
11.2 Grand1Mall reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Grand1Mall's Company Account.
12. DISPUTES
12.1 In the event a problem arises in a transaction, the Buyer agree to communicate with Grand1Mall first to attempt to resolve such dispute by mutual discussions, which Grand1Mall 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.
13. FEEDBACK
13.1 Grand1Mall welcomes information and feedback from our Buyers which will enable Grand1mall to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email (Grand1Mall@outlook.com).
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.
14. DISCLAIMERS
14.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY GRAND1MALL OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRAND1MALL DOES NOT WARRANT THAT THE SERVICES, THIS SITE 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 SITE 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.
14.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14.3 GRAND1MALL HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE GRAND1MALL FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
15.EXCLUSIONS AND LIMITATIONS OF LIABILITY
15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRAND1MALL BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF DATA; (B) LOSS OF GOOD WILL; OR (C) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF GRAND1MALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
15.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, GRAND1MALL IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE GRAND1MALL; AND (B) RM 100 (ONE HUNDRED RINGGIT).
15.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GRAND1MALL’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF GRAND1MALL THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
16. LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE
16.1 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Grand1Mall in any manner whatsoever and you therefore access them at your own risk. Grand1Mall is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Grand1Mall is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Grand1Mall of any linked site and/or any of its content therein.
17. SEVERABILITY
17.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
18. GOVERNING LAW
18.1 These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms of Service against or relating to Grand1Mall or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre (Malaysia) (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
19. GENERAL PROVISIONS
19.1 Grand1Mall reserves all rights not expressly granted herein.
19.2 Grand1Mall may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by Grand1Mall) after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
19.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
19.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Grand1Mall, nor does it authorise you to incur any costs or liabilities on Grand1Mall’s behalf.
19.5 The failure of Grand1Mall at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
19.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Grand1Mall's affiliates and subsidiaries (and each of Grand1Mall's and its affiliates' and subsidiaries' respective successors and assigns).
19.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
19.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act, the Singapore Prevention of Corruption Act and the Malaysian Anti-Corruption Commission Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
19.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contact us via email (Grand1Mall@outlook.com).
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH META” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
Last Updated: 14 March 2025