Terms & Conditions

TERMS AND CONDITIONS OF SALE

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who purchases Goods on the Platform;

"Conditions" mean these Terms and Conditions of Sale;

"Contract" means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

"Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“Sedap” means Pop Up Sdn Bhd (Company No.: 1207754-A), a company incorporated in Malaysia and having its registered address at B-2-09, Block B, Jalan PJU 1A/41B, NZX Commercial Centre, Ara Jaya, 47301 Petaling Jaya, Selangor.;

“Sedap Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the Sedap.com.my website;

“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor. Sedap may also be a “Seller” for selected Goods;

“Services” means the use of any services, information and functions made available by Sedap at the Platform;

“Third Party Vendor” means a seller which, with Sedap’s permission, uses the Platform and/or Services to sell Goods to the Buyers, and excludes Sedap; and

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to “Sedap” in these Conditions refer to both Sedap’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it Sedap or a Third Party Vendor, may be stated on the webpage listing such Goods.

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Sedap and Sedap has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Sedap. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, Sedap is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third Party Vendors through the chat system are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Seller endeavours to provide an accurate description of the Goods, neither Sedap nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Sedap in its website shall be subject to correction without any liability on the part of Sedap.

3. Orders and Specifications

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Sedap shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Sedap shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon Sedap issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Sedap shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Sedap shall furthermore be entitled to require the Buyer to furnish Sedap with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Sedap and on terms that the Buyer shall indemnify Sedap in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Sedap as a result of the modification or cancellation, as the case may be.

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Sedap in addition to the price, but it excludes the delivery charges.

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which Sedap shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Sedap, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that Sedap is entitled to collect payments from Buyer on behalf of Third Party Vendors.

5.2 The terms and conditions applicable to each type of payment, as prescribed by Sedap on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card

Credit card payment option is available for all Buyers. Sedap accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.

Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

5.2.2 Debit Cards

Sedap accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Sedap account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Sedap, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

5.2.4 Cash on Delivery

Cash on Delivery (pay cash upon delivery) is available within the region of Klang Valley only with a fee as may be prescribed by Sedap for each order. Sedap reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.

5.3 Buyer may not claim against Seller or any of its agents (which may include Sedap), for any failure, disruption or error in connection with the Buyer’s chosen payment method. Sedap reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:

5.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

5.5 All refunds shall be made via the Sedap virtual payment account ("Sedap Payment Account"). Sedap offers no guarantee of any nature for the timeliness of the refunds reaching the Sedap Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Sedap. All refunds are conditional upon Sedap’s acceptance of a valid return of the Goods. Sedap reserve the right to modify the mechanism of processing refunds at any time without notice.

5.6 All payments for the purchased Goods must be made to Sedap using the payment methods made available on the Platform only. Sedap shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Sedap has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Sedap shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Sedap, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Sedap fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to Sedap, Sedap may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

7. Return, Refund and Replacement of Goods

7.1 All Goods sold on the Platform is covered under the Sedap Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with Sedap or Seller through the Platform. The logo(s) of the Return Policy for each Goods can be found on the Goods’ product page.

7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Sedap or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Sedap or Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Sedap or Seller within 48 hours of receiving the delivery to expedite the claim process.

7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:

7.2.1 the Goods delivered to Buyer is defective and/or damaged on delivery;

7.2.2 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;

7.2.3 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong product, size, etc.) stipulated in the order;

7.3 Notwithstanding Clause 7.3 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.

7.4 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by Sedap on the Platform. 

7.5 Questions and complaints with regards to returns

7.5.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact Sedap using the “Contact Us” page on the Platform, as applicable.

7.5.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, Sedap reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8. Risk and property of the Goods

8.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Sedap of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Sedap's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Sedap shall be entitled at any time to demand the Buyer to deliver up the Goods to Sedap and in the event of non-compliance Sedap reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Sedap has tendered delivery of the Goods.

8.3 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Sedap has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.

8.4 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Sedap's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

8.5 The Buyer agrees with Sedap that the Buyer shall immediately notify Sedap of any matter from time to time affecting Sedap’s title to the Goods and the Buyer shall provide Sedap with any information relating to the Goods as Sedap may require from time to time.

8.6 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Sedap shall be entitled at any time to demand the Buyer to deliver up the Goods to Sedap and in the event of non-compliance Sedap reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.7 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Sedap but if the Buyer does so all moneys owing by the Buyer to Sedap shall (without prejudice to any other right or remedy of Sedap) forthwith become due and payable.

8.8 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

8.9 The Buyer shall indemnify Sedap against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Sedap's rights under this condition.

9 Termination

9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to Sedap through our Contact Us page at https://www.sedap.com.my/page-contact-us/. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.

9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or Sedap acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:

9.2.1 the Goods under the Contract being unavailable for any reason; and/or

9.2.2 the Goods under the Contract has been mispriced on the Platform.

10 Warranties and Remedies

10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by la

10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to Sedap or Seller in exchange for a replacement or a refund in accordance with Sedap’s Return Policy and Clause 7 of these Conditions above.

10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. Sedap and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Sedap’s or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once Sedap or Seller has accepted such request.

10.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, Sedap may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

10.7 When Sedap or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of Sedap or Seller.

11 Liability

11.1 In no event shall Sedap be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Sedap had been advised by the Buyer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Sedap’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions .

11.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.

11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

11.5 No action shall be brought against Sedap later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

12 General

12.1 Neither Sedap nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Sedap's or Seller’s reasonable control.

12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Sedap, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

12.3 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

12.4 No waiver by Sedap of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Sedap’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

12.5 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

12.6 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

12.7 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.9 below.

12.8 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Sedap. Any such actions brought against Sedap for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

12.9 Notwithstanding Clause 12.8 above, Sedap shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

12.10 Sedap may, through the Platform or by such other method of notification as Sedap may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Sedap specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.

12.11 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

12.12 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

12.13 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

12.14 Sedap reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Sedap deems appropriate.
 

VOUCHER TERMS & CONDITIONS


The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes ("Vouchers").

1.    Vouchers are only valid on the Sedap website.

2.    A valid code must be entered at the checkout page in order to redeem a Voucher.

3.    Customers can only redeem up to one Voucher per day.

4.    Customers can only use the Voucher for a one-time purchase only.

5.    Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.

6.    Sedap reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:

(a)    suspicious or fraudulent purchasing activity or Voucher use;

(b)    Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or

(c)    Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)

7.    Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.

8.    Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers in addition to these terms.

9.    Use of Vouchers by resellers is not tolerated, and Sedap reserves the right to cancel orders which are deemed to display reseller behavior.

10.    Vouchers are not exchangeable for cash.

11.    Sedap will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:

(a)    discontinued or cancelled Vouchers;

(b)    improper use of, or inability to redeem, a Voucher; or

(c)    the inability to redeem a Voucher due to technical issues.

12.    Sedap reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.

 



DIGITAL VOUCHERS & GIFT CARDS TERMS & CONDITIONS


1. General

1.1 By using digital voucher(s) or gift card(s) bought from SEDAP (the “Digital Good(s)”), you (“Customer”) agree to be bound by these digital vouchers and gift cards terms and conditions (the “Digital Goods Terms”), in addition to the Terms of Use for the Sedap.com.my website, which are incorporated by reference into these Digital Goods Terms.

1.2. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of the Digital Goods Terms and the Terms of Use, the provisions of the Digital Goods Terms shall prevail.

1.3. Customers should refer to the Digital Good or its Product Details Page (as defined below) for any Seller specific terms and conditions and expiry dates.

2. Loss or Theft of Digital Goods

Once purchased, the Digital Good is the responsibility of the Customer and any Digital Goods, including accompanying pin codes, that are lost or stolen shall not be replaced.

3. Redeeming Digital Goods

3.1. Instructions on how to redeem a Digital Good may be made available on the product details page of the relevant Digital Good, under Sedap.com.my website (the “Product Details Page”).

4. Customer’s Obligations

4.1. The Customer acknowledges and agrees that:

4.1.1. Digital Goods can only be redeemed within the period of time specified on the Product Details Page;

4.1.2. Digital Goods cannot be redeemed on certain black-out dates or promotion dates set by the Seller or Sedap;

4.1.3. The Customer shall not use Digital Good(s) or permit the use of Digital Good(s) in any manner which may adversely affect other Customers’ use of Digital Good(s) and/or any other Service provided to such Customers, as Sedap may reasonably determine;

4.1.4. Digital Goods are offered to the Customer on an “as is” basis;

4.1.5. Use of the Digital Good constitutes acceptance of these Digital Goods Terms;

4.1.6. The Customer is responsible for all information the Customer submits, transmits or otherwise make available during the purchase or redemption of any Digital Good;

4.1.7. Sedap expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Digital Goods;

4.1.8. Sedap to the fullest extent permitted by law excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled by law.

5. Refunds, Exchange and Cancellations

5.1. Any Digital Goods bought cannot be returned, refunded, or cancelled on the Customer’s request after purchase.

5.2. Issued Digital Goods cannot be exchanged for cash. Each Seller may have its own policy on exchange of issued Digital Goods.

5.3. Replacement of the Digital Good may be allowed, at Sedap’s discretion, if there is a systemic failure on Sedap’s part.

5.4. Exchange of a Product or Service purchased using a Digital Good shall be subject to the Seller’s terms and conditions.

5.5. Sedap reserves the right to cancel or reject the use of any Digital Goods at its sole discretion, including without limitation, where it deems or suspects that any transaction is fraudulent.

6. Availability of Digital Goods

6.1. The Customer acknowledges that purchase or redemption of Digital Goods are subject to resource availability, including, without limitation, availability of Sedap.com.my website.

6.2. Sedap does not make any warranty on the performance and capability of the Sedap.com.my website.

6.3. The Customer accepts and acknowledges that Sedap may suspend, terminate and/or discontinue the purchase or redemption of the Digital Goods in its sole and absolute discretion without prior notice and without any liability whatsoever to the Customer.

7. Use and Disclosure of Data

7.1. The Customer agrees that Sedap shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Sedap’s Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by Sedap from time to time.

7.2. Order fulfilment in relation to Digital Goods may be handled by a partner, in which case Customers may receive direct communication of Digital Good pin codes from the partner.

8. Miscellaneous

8.1. The rights and protections conferred on Sedap under these Digital Goods Terms shall be additional to the rights and protections conferred on Sedap under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.

8.2. Any clause in the Digital Goods Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

8.3. Sedap reserves the right to alter, modify, add to or otherwise vary these Digital Goods Terms from time to time, and in such manner as Sedap deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Digital Goods after such amendment, the Customer shall be deemed to have accepted the amendments.