TERMS AND POLICIES V 1.2

Fastentix FastMerchant Terms of Service

Preface

This FastMerchant Term of Service is a legal and binding Term of Service between the BLYON GROUP BERHAD (individually and collectively, the “Company”, "we", "us" or "our") and FastMerchant (“you”, “your") who registered as FastMerchant Account with us and it governs your use of all Services which can be defined as below. The following terms and conditions apply to FastMerchant’s use of the Services.

By applying as a FastMerchant for Fastentix (the “Services”) through signed up through our Company’s Representative and other necessary Requisition Form (the “Forms”) by using the Services as defined below, the FastMerchant acknowledges that you have been read and agree to be bound by all of the terms and conditions of this Term of Service and all documents incorporated by reference.

Please read the following Terms of Service carefully so that you are aware of your legal rights and obligations with respect to us. We have the right to revise these Terms of Service at any time without providing notice to you. Your use of the Services shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.

DEFINITION

In this FastMerchant Term of Service, including the above interpretation and the following expressions shall have the respective meanings set out as follows, except where inconsistent with the context requires otherwise:

a.  “Term of Service” means this FastMerchant Term of Service, including the interpretation, the Requisition Form and the appendices attached hereto. “Company” means BLYON FASTENTIX SDN. BHD. (Company Registration No. 202101014365 (1414665-H)), a company incorporated in Malaysia and having its principal place of business at No. 13 & 13A, Jalan P4/8B, Bandar Teknologi Kajang, 43700 Semenyih, Selangor.

b.  “Marks” mean the names, marks, designs, logos, signs, acronyms and other insignia (whether registered or unregistered) used or to be used by the Company in connection with the Products and / or Services including all variations thereof and amendments thereto from time to time.

c.  “FastSeller” means the party which has signed up through Fastentix’s application form to use the Services as defined below.

d.  “Fastentix” means website which our addressed as https://www.fastentix.com

e.  “FastMerchant Product / Service” means any product or service offered by FastMerchant to its customers and which is ordered, purchased or otherwise provided to a customer pursuant to a Transaction;

f.  “FastMerchant” means the party which has signed up through the Fastentix Requisition Form to use the Products or relevant services as defined below.

g.  “Regulatory Authority” means any ministry or department of the Government of Malaysia and includes any statutory authority or body in Malaysia established with powers to regulate banking, credit or financial services and / or electronic transactions or communications.

h.  “Services” mean the range of services that we provide to users pursuant to this Term of Service as may be authorised by Fastentix from time to time.

i.  “Transaction(s)” means transactions effected and services obtained by the FastMerchant

Terms of Service shall apply to any and all Products and / or the Services that the FastMerchant subscribes to from the Company. The FastMerchant agrees to abide by the additional terms and conditions set out in the Requisition Form and the appendices which are incorporated into this Term of Service.

PAYMENTS

1.  All Transactions shall be made in Malaysia Ringgit.

2.  The FastMerchant shall be liable to make payments due to the Company arising from this FastMerchant Term of Service in accordance with the provisions herein:

3.  In consideration of subscribing and using the Company’s Products and/or the Services, the FastMerchant shall pay the Company the applicable registration fee or system fee (the “Fees”) and other charges at such time as may from time to time be stipulated by the Company as set forth in the Application Form or as otherwise provided by the Company in accordance with the terms of this FastMerchant Term of Service.

4.  The Company may revise its applicable fees and other charges from time to time and will notify the FastMerchant in writing (which period of notification shall be determined by the Company at its sole discretion) of the date (the “Effective Date”) when the new fees or charges become payable. The FastMerchant shall confirm in writing to the Company its acceptance or nonacceptance of the new fees or charges on or before the Effective Date. If the Company does not receive the FastMerchant’s written non-acceptance of the new fees or charges within the aforesaid period on or before the Effective Date, the FastMerchant shall be deemed to have accepted the new fees or charges and shall be bound to pay the new fees or charges from the Effective Date. If the FastMerchant notifies the Company in writing on or before the Effective Date that it does not accept the new fees or charges, this FastMerchant Term of Service shall be deemed terminated on the Effective Date but without prejudice to the antecedent rights or liabilities of the parties hereto.

5.  The Fees and charges payable by the FastMerchant under this FastMerchant Term of Service are exclusive of any taxes, duties, fees or government levies which may be imposed now or hereafter.

6.  Prompt payment of the Fees and other charges shall be of the essence of this

7.  All Fees and charges paid by the FastMerchant under this FastMerchant Term of Service shall not be refundable in the event of termination of this FastMerchant Term of Service howsoever caused.

8.  Upon the execution of this FastMerchant Term of Service, the FastMerchant shall provide the Company with all necessary particulars of the account designated by the FastMerchant pursuant to Clause 8.

SECTION 1: APPOINTMENT

1.  In consideration of the payment of commission stipulated herein (“the Stimulus”) to be paid by the Company to the FastMerchant, the Company hereby invite the FastMerchant, local entrepreneur which act as a sole distributor who known as The Founder, Brand Owner of product / service who want to reach more customer and have a full control of marketplace, to sell and market the Products in the Territory described herein in accordance with the terms and conditions of this FastMerchant Term of Service.

2.  For avoidance of doubt, this appointment does not confer any exclusivity and the Company shall be entitled to appoint any other FastMerchant to enter into a similar FastMerchant Term of Service in the Territory described herein.

SECTION 2: PAYMENT OF THE STIMULUS

1.  The FastMerchant has full ownership of their authorized resellers/stockist (“FastSeller”) and is entitled with 0.5% profit margin from each completed transaction made by their authorised FastSellers who sold and marketed the eligible Products as described herein: -

2.  The Company reserves the right to cease payments of future stimulus in the event it is satisfied that a FastSeller has breached the Terms of Service which involves any trade or activities deemed undesirable by the Company (refer to Appendix 1 herein) and failed to provide the necessary aftersales services to the FastMerchant.

3.  The Company allows FastSellers to register with any FastMerchant(s) subject to approval by that particular FastMerchant to be their eligible FastSeller and is entitled with 0.5% profit margin from each completed transaction.

SECTION 3:

The FastMerchant shall sell and market the Products to FastSeller who are eligible in Malaysia (“the Territory”).

UNDERTAKINGS OF THE FASTMERCHANT

The FastMerchant agrees and undertakes throughout the term of this FastMerchant Term of Service that the FastMerchant shall:

1.  not make any warranty or representation whatsoever in relation to the Products or the Services which may bind the Company or render the Company liable in any way whatsoever;

2.  at its own expense and before the time agreed for installation or activation of the Products or the Services, prepare and provide the necessary, compatible operational smartphone, equipment, software and connection specified by the Company for the purposes of using the Products or the Services; and where necessary, prepare and provide such interface hardware and software to the Company.

3.  not alter, copy, modify or tamper with any hardware or software provided by the Company (if any);

4.  install such measures as may be necessary to protect the security and integrity of related hardware or software, whether owned by the FastMerchant or the Company;

5.  where required, comply with all security or encryption standards, rules and procedures imposed by the Company;

6.  make connections to such other systems as the Company may require from time to time;

7.  maintain at the FastMerchant’s own expense adequate quantities of consumables for the hardware as may be required from time to time;

8.  not sell, assign, license, transfer or permit the use of the Company software or hardware by any party without the written permission of the Company;

9.  prior to using the Products or the Services, open and maintain at all times during the term of this FastMerchant Term of Service, an account in its name with one of the local banks which shall be designated for purposes of clearing and settling Transactions handled by the FastMerchant;

10.  inform the Company of any change in the particulars of the FastMerchant’s designated bank account; and

11.  maintain, throughout the term of this FastMerchant Term of Service, adequate and competent personnel to operate the Products or the Services.

PROHIBITED BUSINESS OR ACTIVITIES OF THE FASTMERCHANT

The FastMerchant shall ensure that it does not involved or engaged in the following types of business or activities or the products sold to the FastMerchant’s users shall not contain articles which are prohibited or restricted under any and all applicable laws and regulations, including products listed by in the Appendix 1 below, which may be updated by the Company from time to time and can be found on Fastentix’s.

UNDERTAKINGS OF THE COMPANY

The Company agrees and undertakes that it shall:

1.  use its best endeavours to provide to the FastMerchant the Products and / or the Services for which the FastMerchant subscribes;

2.  provide training on the use and operation of the hardware and / or software for the Products and / or the Services to the FastMerchant’s personnel on such terms as the parties shall agree; and

3.  where required, at the FastMerchant's expense, install the hardware at the FastMerchant's premises on or by such installation date as the parties may agree.

4.  The Company makes no representations or warranties of any kind with respect to the systems operated by the Company or any software and hardware provided, or any part thereof, express or implied, and shall not be liable to the FastMerchant for any loss or damage howsoever caused and regardless of the form of loss or damage which may be suffered or incurred by the FastMerchant or any third party in connection with this FastMerchant Term of Service including (without prejudice to the generality of the foregoing) any loss of profit in consequence of a breakdown in providing the Products or part thereof.

PROPRIETARY RIGHTS

1.  The Company hereby grants to the FastMerchant, for the term of this FastMerchant Term of Service, a personal non-assignable non-exclusive license to use the Marks in connection only with its provision of the Products and / or the Services in accordance with such manner of use as may be stipulated or permitted by the Company from time to time and the FastMerchant agrees that it shall derive no title or interest in the Marks or any part thereof and shall not attain any goodwill in respect thereof.

2.  The FastMerchant undertakes to put up and display such signs and to distribute such materials at its premises relating to the Products and / or the Services, whether or not such materials contain the Marks, as may be reasonably required by the Company from time to time but not to otherwise do so without the prior written consent of the Company.

3.  The FastMerchant hereby authorises and consents to the Company making reference to, using and reproducing the FastMerchant’s name, trademarks, logos, signs, acronyms and other insignia in any material or medium for the advertisement, publicity and promotion of the Products and / or the Services provided that the Company shall not thereby or otherwise derive any title, interest, claim, right or goodwill in the same.

DISPUTES

1.  The Company shall not be involved in any dispute or claim that may arise between the users and the FastMerchant.

2.  The parties hereto agree that in the event of a dispute or claim of whatever nature arising in respect of any Transaction, the records of the Transactions available from the FastMerchant and the Company shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim. Where there are discrepancies between records of the Transactions recorded by the Company and the FastMerchant, the discrepancies shall be jointly investigated by the Company and the FastMerchant using information from both parties whenever appropriate, and proper adjustments (if any) shall be made.

3.  The FastMerchant agrees that where multiple or excess payments have been affected by or on behalf of the FastMerchant’s users in respect of any Transaction, whether through the Products or the Services or through any other existing system of payment, the FastMerchant shall refund or reimburse such users for such excess payments made and shall keep the Company harmless from and indemnified against any claim related to such excess.

INDEMNITY

The FastMerchant hereby agrees and undertakes to fully indemnify and keep the Company harmless from and against all actions, claims, costs (including legal costs on a full indemnity basis), losses, charges, expenses and damages which the Company may suffer or incur as a result of:

1.  the occurrence of any event under Clause 37;

2.  any fraud, dishonesty or misconduct (criminal or otherwise) relating to the Transactions perpetrated by the FastMerchant, its servant, agent, employee or contractor or the fraud, dishonesty or misconduct (criminal or otherwise) perpetrated by a third party as a result of the negligence or default of the FastMerchant, its servant, agent, employee or contractor;

3.  any loss caused by or-to-or damage to any of the Company’s equipment arising out of the act or omission whether negligent or otherwise of the FastMerchant, its servant, agent, employee or contractor or out of any failure of the FastMerchant, its servant, agent, employee or contractor to operate the equipment in accordance with the procedures prescribed by the Company; and

4.  The FastMerchant shall not hold the Company liable or responsible for any action, claim, cost, expense, damage and loss, including consequential loss or damage or loss of profit, which the FastMerchant may suffer or incur as a result of a breakdown in the provision of the Products and/or the Services or when the Products and/or the Services are not available for any reason whatsoever.

DISCLOSURE

1.  The FastMerchant hereby agrees and consents to the disclosure and release by the Company of any information in the possession of the Company relating to the FastMerchant, the particulars of the Transactions or any designated account relating to the Transactions for the purpose of investigating any claim or dispute arising out of this FastMerchant Term of Service or in connection with the Transactions under the provision of the Products and/or the Services which consent shall survive both the suspension of rights hereunder and the termination of this FastMerchant Term of Service.

NOTICES

1.  Unless otherwise provided herein or agreed to in writing by the parties hereto, all notices or other communications to or upon the FastMerchant and the Company shall be sufficiently served if delivered at or sent by registered post by either party to the other at the address above stated or the address of the registered office recorded with the Companies Commission of Malaysia (“SSM”) and shall be deemed to have been served in the case of a notice delivered by hand on the day of the delivery, in the case of a notice served by registered post on the day following that on which notice was posted and in the case of a notice served by email on the day of the email.

ASSIGNMENT

1.  This FastMerchant Term of Service shall be binding upon the parties hereto and their respective successors and assigns and legal Representatives and shall not be construed so as to confer any benefit upon any other person except as expressly provided herein.

2.  The FastMerchant shall have no right to assign or transfer the FastMerchant’s rights and obligations in this FastMerchant Term of Service and shall remain fully liable for all of the FastMerchant’s respective duties, liabilities and obligations hereunder.

3.  The Company shall be entitled to assign its rights and benefits and transfer its obligations under this FastMerchant Term of Service at any time by giving the FastMerchant written notice thereof in which event the said assignment and transfer shall ipso facto take effect.

4.  A red flag notification report will be sent to FastMerchant once the selected FastSeller is not able to perform the delivery three times on occasions to the FastBuyer.

5.  FastMerchant is required to change another available FastSeller if the selected FastSeller is not responding after a purchase has been made by the FastBuyer.

6.  FastMerchant is required to grant an absolute right to Fastentix to opt for another FastSeller if the selected FastSeller is not able to carry out the delivery.

LIABILITY TO CONTINUE

1.  Unless this FastMerchant Term of Service is terminated in accordance with Clause 7, Clause 32 or Clause 35 herein, the liability of the FastMerchant under this FastMerchant Term of Service shall continue notwithstanding any change in its constitution and in the case of a firm, any change in its constitution whether by withdrawal, retirement, expulsion, death or admission of any partner, amalgamation, dissolution or otherwise; in the case of a body of corporate, the winding-up whether voluntary or compulsory or any amalgamation, reconstruction or otherwise; and in the case of a statutory body, the amalgamation, merger, reconstruction, privatisation, dissolution or otherwise and this FastMerchant Term of Service shall continue in full force and be binding on the entity formed or the party appointed to carry on the FastMerchant's business.

RELATIONSHIP OF THE PARTIES

1.  This FastMerchant Term of Service or anything herein contained shall not be construed as creating a partnership or joint venture. Each party will be responsible only for its obligations under this FastMerchant Term of Service and neither party shall be authorised to represent or bind the other to third parties.

SEVERABILITY

1.  If any provision herein is deemed by any tribunal or court of competent jurisdiction to be illegal, invalid or unenforceable under any applicable law or otherwise, it shall, to the extent required by such law and subject to the FastMerchant Term of Service of the Company, be severed from this FastMerchant Term of Service and rendered ineffective so far as is possible without affecting the legality, validity and enforceability of the remaining provisions of this.

INDULGENCE

1.  The liability of the FastMerchant hereunder shall not be impaired or discharged by reason of any time or grace or other indulgence being granted by or with the consent of the Company or any forbearance by the Company to insist upon its strict rights hereunder. No right under this FastMerchant Term of Service shall be deemed to have been waived except in writing signed by the parties hereto and waiver of any particular right in a particular instance shall not constitute or be deemed a waiver of any other right.

FORCE MAJEURE

1.  Neither Party shall be liable to the other for loss or damage resulting from delay or failure to perform these Terms of Service, or any terms hereunder, either in whole or in part, when the same is due to causes beyond its reasonable control, including but not limited to civil war, insurrections, strikes, riots, fires, floods, explosions, earthquakes, serious accidents or any acts of God, government regulations, epidemics, quarantine or labour trouble resulting in cessation, slowdown or interruption of work. In the event of the same, the Parties' obligations herein and the delivery dates shall be extended for the periods of such circumstances only so far as they affect the performance of these Terms of Service.

2.  The Party affected shall as soon as possible notify the other Party in writing of the commencement and (if applicable) end of said circumstances.

RELATIONSHIP

1.  The Parties are independent contracting parties, and nothing in these Terms of Service will make any Party the employee, partner, agent, legal representative, trust or joint ventures of the other for any purpose whatsoever, nor does it grant either Party any authority to assume or to create any obligation on behalf of or in the name of the other.

ENTIRE FASTMERCHANT TERM OF SERVICE

1.  Terms of Service constitute the entire FastMerchant Term of Service between the Parties concerning the subject matter of these Terms of Service and supersedes all prior negotiations, arrangements, FastMerchant Term of Services and understandings, either oral or written, between the Parties.

GOVERNING LAWS

1.  These Terms of Service shall be governed by and construed under the laws of Malaysia. Any dispute, controversy, claim or difference of any kind whatsoever arising between the Parties under these Terms of Service shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre in Kuala Lumpur, Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. There will be one (1) arbitrator and the language of the arbitration shall be English. Both Parties agree that Part III of the Arbitration Act 2005 shall not apply to this FastMerchant Term of Service or the arbitration proceedings arising out of this FastMerchant Term of Service.

PARTIAL INVALIDITY

1.  In the event of the invalidity of any part or provision of these Terms of Service such invalidity must not affect the enforceability of any other part or provision of these Terms of Service.

WAIVER

1.  A Party’s failure to exercise or delay in exercising a right or power does not operate as a waiver of that right or power and does not preclude the future exercise of that right or power.

CONTACTING US

If you have complaints, feedback or believe a User or FastMerchant on our Platform is violating these Terms of Service, please contact us:

i.  using our feedback function located under settings on the Platform

ii.  through an email, support@fastentix.com;

iii.  through our hotline number, +60176944730 (0900 – 1700)

Please send all legal notices to legal@fastentix.com and issue it as attention to the “General Counsel”.

APPENDIX 1

(This appendix shall be read and construed as an essential part of this Agreement)

1.  Direct Marketing - Travel-Related Arrangement Services

2.  Direct Marketing - Outbound Telemarketing Merchants

3.  Outbound telemarketers

4.  Direct Marketing - Continuity / Subscription Merchants

5.  Direct Marketing - Other Direct Marketers - not elsewhere classified

6.  Direct Marketing - Inbound Telemarketing Merchants

7.  Multi-level marketing businesses, Unlicensed Multi-level marketing

8.  Rebate-based business and up-selling merchants

9.  Pyramid or Ponzi scheme, matrix program and other "get rich quick" schemes

10.  Telemarketing

11.  Time sharing

12.  Gold bar

13.  Investment scheme

14.  Buyers' Club / Membership clubs

15.  Key-entry Telecom Merchant providing single local and long-distance phone calls using a central access number in a non–face-to-face environment using key entry

16.  Telecommunication Services including but not limited to prepaid phone services and recurring phone services

17.  File sharing services

18.  Illegal downloads of movies, music, computer and video games or software

19.  Items or downloads infringe or violate copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction

20.  Counterfeit designer/luxury goods

21.  Stolen goods including digital and virtual goods

22.  Drugs, Drug Proprietors, and Druggists Sundries

23.  Drug Stores, Pharmacies

24.  Drugs, drug paraphernalia and drug test circumvention aids

25.  Miracle Cures

26.  Internet pharmacies / internet pharmacy referral site

27.  Counterfeit pharmaceutical products

28.  Cigar Stores and Stands

29.  Tobacco / Cigar / Electronic Cigarette / Nicotine content products

30.  Counterfeit tobacco products (e.g., cigarettes, cigars)

31.  Alcohol

32.  Video Entertainment Rental Stores

33.  Gambling transaction, gaming and/or any other activity with an entry fee and a prize, includes casino games, sports betting, horse, dog or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery), sweepstakes and non- sports intrastate internet

34.  Credit Counselling / Credit repair services

35.  Credit repair or debt settlement services, credit transactions or insurance activities

36.  Credit protection / Identity thief protection

37.  Associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card

38. Associated with the sale of traveller's checks or money orders

39.  Check cashing businesses

40.  Currency and forex

41.  Firearms / weapons

42.  Fireworks and hazardous materials

43.  Pornography and adult content

44.  Sexually oriented materials or services

45.  Items that are considered obscene

46.  Human remains and body parts

47.  Sale of a good or service, including an image, which is patently offensive and lacks serious artistic value (such as images of non-consensual sexual behaviour, sexual exploitation of a minor, non-consensual mutilation of a person or body part, and bestiality)

48.  Payment aggregator

49.  Items promote hatred, racism, religious persecution or contain offensive content Items encouraging illegal activity

50.  Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent

(The above list may not be exhaustive or final, the Company reserves all its rights to add on or delete the list from time to time subject to the current applicable rules and regulations of the country)

Fastentix FastSeller Terms of Service

Preface

This FastSeller Term of Service is a legal and binding Term of Service between the BLYON GROUP BERHAD (individually and collectively, the “Company”, "we", "us" or "our") and FastSeller (“you”, “your") who registered as FastSeller Account with us and it governs your use of all Services which can be defined as below. The following terms and conditions apply to FastSeller’s use of the Services.

By applying as FastSeller for Fastentix (the “Services”) through the signed up through our Application Forms and other necessary forms (the “Forms”) by using the Services as defined below, FastSeller acknowledges that you have been read and agree to be bound by all of the terms and conditions of this Term of Service and all documents incorporated by reference.

Please read the following Terms of Service carefully so that you are aware of your legal rights and obligations with respect to us. We have the right to revise these Terms of Service at any time without providing notice to you. Your use of the Services shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.

By signing the Application Forms and other necessary forms (the “Forms”) and paying the requisite Return Voucher registration fee (the “Fees”) as defined below, the FastSeller acknowledges that the you have read and agree to be bound by all of the terms and conditions of this Term of Service and all documents incorporated by reference.

WHEREAS: -

a.  The Company is engaging in introducing, marketing and distributing our e-commerce marketplace; Fastentix applications (Apps), a marketplace solution more particularly described as “Fastentix” (“the Products”).

b.  The Company desires to appoint the FastSeller as its lawful sole distributor to sell and market the Products and to provide after sale service to FastMerchants who are eligible.

c.  The FastSeller agrees to accept such appointments and to represent the Company and to sell and market the Products and to provide after sale service to FastMerchants who are eligible in the Territory described herein, under the terms and conditions in this Term of Service.

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration, the Parties do hereby agree as follows:

2.  DEFINITION

In this FastSeller Term of Service, including the above interpretation and the following expressions shall have the respective meanings set out as follows, except where inconsistent with the context requires otherwise:

a.  “Term of Service” means this FastSeller Term of Service, including the interpretation;

b.  “Company” means Blyon Group Berhad (Company Registration No. 202001040667 (1396988-M)), a company incorporated in Malaysia and having its principal place of business at No 13 & 13A, Jalan P4/8B, Bandar Teknologi Kajang, 43700 Semenyih, Selangor;

c.  “Marks” mean the names, marks, designs, logos, signs, acronyms and other insignia (whether registered or unregistered) used or to be used by the Company in connection with the Products and / or Services including all variations thereof and amendments thereto from time to time;

d.  “FastSeller” means the party which has signed up through Fastentix’s application form to use the Services as defined below;

e.  “Fastentix” means website which our addressed as https://www.fastentix.com;

f.  “FastMerchant Product / Service” means any product or service offered by FastMerchant to its customers and which is ordered, purchased or otherwise provided to a customer pursuant to a Transaction;

g.  “Products” means Fastentix’s business solution through the application (Apps) FASTENTIX and other related services;

h.  “Regulatory Authority” means any ministry or department of the Government of Malaysia and includes any statutory authority or body in Malaysia established with powers to regulate banking credit or financial services and/or electronic transactions or communications;

i.  “Services” mean the range of services that we provide to users pursuant to this fastSELLER Term of Service as may be authorised by Fastentix from time to time;

j.  “Transaction(s)” means transactions effected and services obtained by the FastSeller;

This fastSELLER Term of Service shall apply to and bind all the executors duly accepted by the Company. The executor agrees to abide by any additional terms and conditions published in the website of the Company which constitute an essential part of this fastSELLER Term of Service.

SECTION 1: APPOINTMENT

The Company hereby assigned the FastMerchant to appoint their authorized FastSeller which hereby accepts the appointment by the Company to be and act as a reseller, stockist, franchisee to sell and market the Products and to provide after sale service to FastMerchants who are eligible in the Territory described herein in accordance with the terms and conditions of this Term of Service.

For avoidance of doubt, this appointment does not confer any exclusivity and the Company shall be entitled to appoint any other similar FastSeller to enter into a similar agreement in the Territory described herein.

SECTION 2: TERRITORY

The FastSeller shall sell and market the Products of FastMerchants who are eligible in Malaysia (“the Territory”).

SECTION 3: COVENANT BY FASTSELLER

The FastSeller agrees and undertakes to comply with and act in accordance and subject to the following: -

a.  Requirement to be as a FastSeller, an individual must be registered with Fastentix system as fastBUYER which confirm that he or she is a Malaysian citizen who is above 18 years old but not exceeding 65 years old which,

i.  maintains an active bank account in Malaysia.

ii.  The FastSeller must submit a hardcopy of his identity card (for Malaysian) or all other necessary documents whenever required by the Company.

b.  The FastSeller shall pay and be equipped with the necessary Marketing Tools as described herein after signing up on-line and before approaching any FastMerchant.

Permitted Use of Name, Marketing Tools and Advertisement

a.  The FastSeller shall not use the name of “BLYON GROUP BERHAD”, “BLYON FASTENTIX” or “FASTENTIX” or any other names related to the Company to raise funds in whatsoever manner or for any other purposes.

b.  The FastSeller shall only use the standardised name cards, buntings, banners, T-shirts, caps and any other necessary trade or promotional or marketing tools (hereinafter collectively referred to as “the Marketing Tools”) designed and produced by the assigned panel designers or producers of the Company.

c.  The FastSeller shall not hold any promotional booth, event or activity without prior written approval from the Company or against the standard being imposed by the Company.

d.  The FastSeller shall not publish, advertise or circulate information and / or documents regarding “BLYON GROUP BERHAD’, “BLYON FASTENTIX” or “FASTENTIX” or any other name related to the Company or this Fastentix FastSeller Term of Service unless specifically authorised in writing by the Company and subject to the terms of this Term of Service.

e.  The FastSeller shall not do any of the following acts without having obtained prior written approval from the Company to do so: -

i.  inserts or display any advertisement in respect of the Company in any mass communications media and or electronic transmitted devices; or

ii.  issue or cause to be issued any circulars or publications or write any letters to mass communications media and or electronic transmitted devices in respect of the Company

f.  The FastSeller shall indemnify and keep indemnified the Company from and against all actions, demands, claims, damages, penalties and costs which may arise out of any unauthorised action, utterance, publication and or statement whatsoever by the FastSeller and / or his servants.

Participation and Attendance in Training, Meetings, Activities and Events

a.  The FastSeller shall participate and attend training provided by the Company from time to time.

b.  The FastSeller shall participate and attend meetings held by the Company from time to time. Theregular meeting shall be at least once a month.

c.  The FastSeller shall resort to FAQs in the portal when encountering problems or convey any predicament, difficulty or issue relating to FastMerchants or in selling and marketing the products during the regular meeting.

d.  The FastSeller shall participate and attend activities, events or promotions organised by the Company.

e.  The FastSeller shall abide by the Standard Operating Procedure (“SOP”) imposed by the Company on customer service support, recruitment of FastSellers and other relevant issues in selling and marketing the Products. Issues on customers’ complaints shall be resolved by the FastSeller within forty-eight (48) hours after being notified by the Company failing which, reasons must be provided by the FastSeller to the Company, as the case may be.

SECTION 5: COVENANT BY COMPANY

The Company undertakes to the FastSeller and shall perform the following to enable, facilitate and support the FastSeller in selling and marketing the Products: -

a.  The Company shall upon receipt of payment of the fee or agreement to pay the fee from merchants provide or cause to be provided the Products to merchants who are eligible. The Company further undertakes to the Agent that any technical issues relating to the Products or any development or upgrading of the Products shall be the duty and obligation of the Company or he duty and obligation of the Service Agency to deal with the Company.

b.  The FastSeller is required to co-operate and work together with the Service Agency at any promotional booth, road show, activity or event approved by the Company to promote the Products or recruit merchants or agents.

c.  The Company shall provide necessary training to the FastSeller to equip the FastSeller with necessary technical knowledge and information to sell and market the Products.

d.  The Company or the Service Agent shall provide and keep the FastSeller updated on its Standard Operating Procedure (“SOP”) imposed by the Company.

e.  The Company shall provide or cause to be provided solutions on technical issues to the FastSeller.

SECTION 6: TERM

a.  The FastSeller shall begin to sell and market the Products on a date to be decided by the Company (hereinafter referred to as “the Start Date"). The FastSeller shall be permitted to sell and market the Products for a period of one (1) year from the Start Date.

b.  This FastSeller Term of Service will automatically renew for a further period of one (1) year from the Start Date on an annual basis until terminated by either of the Parties as described below in this Term of Service.

SECTION 7: PRINCIPAL-FASTSELLER RELATIONSHIP

a.  The Parties agree that nothing herein shall be construed or deemed to create an employment, a partnership or a joint venture relationship with the Company, its parent, subsidiaries or affiliates for any purpose whatsoever.

b.  The FastSeller does not have, nor will the FastSeller hold itself out as having, any right, power or authority to create any contract or obligation, either express or implied, on behalf of the principal, its parents, subsidiaries or affiliates save and except for the terms being agreed in this FastSeller Term of Service.

c.  The FastSeller hereby agrees to indemnify and save harmless the Company from and against any loss, costs or other liability whatsoever arising from or out of or in any way related to the provision of services by the FastSeller to any FastMerchant or out of the wanton or reckless conduct or dishonesty of the FastSeller in respect of any such services.

SECTION 8: TERMINATION

a.  This FastSeller Term of Service may be terminated by the Company at any time, without notice, if the FastSeller is found committing serious misconduct or guilty of any criminal offence and sentenced by the Court of competent jurisdiction in Malaysia and being declared as a bankrupt or insolvent. Thereafter this FastSeller Term of Service shall be rendered null and void and neither party shall have further claim against each other save and except for any antecedent breach. In the case of the Agent is a limited company, the Agent being referred to herein shall be applicable to the directors of the Agent company.

b.  In the event of breach of any of the covenants or terms and conditions herein, this FastSeller Term of Service may be terminated by the Company subject to the following: -

i.  In case of the breach which is capable of being remedied: -

ii.  The Company shall give 30 days’ notice (“the 1st Notice”) to the FastSeller to remedy the breach;

iii.  If the FastSeller refuses, fails and / or neglects to remedy the breach after the 1st Notice and the good faith discussion or counselling, the Company shall terminate this FastSeller Term of Service forthwith.

iv.  In case of the breach which is incapable of being remedied or death or disability of the Agent:

v.  The Company shall give 30 days’ written notice to the FastSeller to terminate this FastSeller Term of Service.

c.  The FastSeller may terminate this FastSeller Term of Service by giving 30 days' written notice to the Company.

SECTION 9: INTELLECTUAL PROPERTY

9.1 General

a.  The FastSeller hereby acknowledges and agrees that all intellectual property belonging to or in the name of the Company or developed in the course of this FastSeller Term of Service shall be and remain the exclusive property of the Company and the FastSeller shall not at any time acquire or claim any right, title or interest in or to any such intellectual property.

b.  For the purposes hereof, the term “Intellectual Property” shall mean all intellectual property and proprietary rights, including:

i.  inventions (whether patented, unpatented or un-patentable);

ii.  branding and trademarks;

iii.  copyrights and works of authorship;

iv.  industrial design, mask works and mask work rights;

v.  trade secrets, know-how and confidential business information (including technical data and documents);

vi.  software and algorithms;

vii.  domain names, web presence and website content;

viii.  advertising and promotional material; and

c.  All tangible and intangible manifestations of such intellectual property.

9.2 Third Party Intellectual Property

a.  If in the furtherance of this FastSeller Term of Service and / or in selling or marketing the Products the FastSeller shall utilise any third party’s Intellectual Property, the Agent shall ensure that it has all due authority, right, and / or license to utilise the same from the third party and the FastSeller shall ensure that such due authority, right, and / or licenses obtained by the FastSeller from such third party shall be extended to the Principal prior to entering into any agreement between the Principal and the third party.

9.3 Effect of Termination, Expiry or Lapse

a.  Except where otherwise agreed by the Parties hereto in writing, upon termination of this FastSeller Term of Service, the FastSeller shall, and / or shall procure that its respective employees, servants and agents:

i.  Immediately cease use of the Intellectual Property;

ii.  Within thirty (30) Business Days return to the other, or if the other requests in writing, destroy all copies of the Intellectual Property and any documentation provided by the other in its possession, custody or control; and

iii.  The obligation with regards to the Intellectual Property herein shall continue

notwithstanding the termination or expiry of this FastSeller Term of Service.

SECTION 10: LIMITATION OF LIABILITY

i.  In no event shall either Party under this FastSeller Term of Service have any liability to the other for any special, consequential, exemplary, incidental, or punitive damages arising out of this FastSeller Term of Service or in connection with any performance under this FastSeller Term of Service.

ii.  Any limitation of liability agreed herein shall not apply, restrict, or exclude a defaulting Party’s liability in cases of wilful or intentional misconduct, or gross negligence by the defaulting Party in which case the defaulting Party shall be fully liable to indemnity the non-defaulting Party of all losses on a full indemnity basis. Without derogating from the generality of the foregoing, such acts shall include, but shall not be limited to:

i.  fraud, or fraudulent misrepresentation;

ii.  death and personal injury due to negligence;

iii.  damage to real and personal property;

iv.  wilfully malicious conduct;

v.  breach of any Intellectual Property rights;

vi.  breach of the confidentiality obligation herein;

vii.  any acts or omissions which give rise to third party claims against the innocent Party; and

viii.  any other conduct to the extent that any exclusion or limitation is prohibited by the Laws.

SECTION 11: NON-COMPETITION AND NON-PERMITTED USE OF COMPANY’S RESOURCES

a.  During the course of this FastSeller Term of Service, the FastSeller agrees and undertakes to the Company to refrain from engaging, directly or indirectly, in any form of commercial competition (including, but not limited to, through business, marketing, investment or financial activities) with the Company. The FastSeller agrees not to engage in any form of commercial competition either single-handedly or through the employment or contracting with a third-party or specifically, the FastSeller shall not:

b.  Use any of the business information given by the Company to the directly or indirectly to procure a commercial advantage over the Company or otherwise use any designs, ideas or concepts created by or belonging to the Company without the express written consent of the Company;

c.  Solicit the clients or customers of the Company to provide services or supply goods to them of the same or a similar type to those provided by the FastSeller during the course of this FastSeller Term of Service and for a period of two (2) years following the termination of this FastSeller Term of Service;

d.  Endeavour to entice away from the Company or employ or offer to employ any person who is employed by the Company during the term of this FastSeller Term of Service and for two (2) years following the termination of this FastSeller Term of Service, whether or not the person would commit a breach of his or her contract of employment by being enticed or accepting employment with them. This prohibition shall not apply to the recruitment of any such employee who has answered a bona fide advertisement or been recruited by an agency to the FastSeller, if the FastSeller has not given directly or indirectly any form of encouragement to that employee to do so.

e.  During the course of this FastSeller Term of Service, the FastSeller agrees and undertakes to the Company to refrain from using any resources belongs to the Company directly or indirectly, in any form of collaboration (including, but not limited to, through business, marketing, investment or financial activities), in particular with the Service Agency /Sub Service Agency / Agencies in any part of the Territory to promote the FastSeller’s own business provided always that the FastSeller’s own business subscribes the Products as the FastMerchant of the Company and always subject to terms and condition to be imposed by the Company.

SECTION 12: CONFIDENTIALITY

a.  The Parties irrevocably undertake and covenant with each other that it shall not during and after the subsistence of this FastSeller Term of Service divulge, replace, copy, duplicate, reverse engineer, modify, tamper, exploit, disclose, and/or transmit to any person whosoever or otherwise make use of and to prevent the publication or disclosure of any confidential information unless prior written approval of the other has been obtained or where such disclosure is required by law.

b.  For the purposes hereof, the term “Confidential Information” shall mean and include the following: -

i.  information or material which is marked as “Confidential”, “Proprietary”, or “Restricted”;

ii.  information or material not generally known outside of the Parties or otherwise not available to the general public at the time of the disclosure; and

iii.  business plans, models, methods, and strategies, client and customer lists, client and customer data, technical specifications, drawings and documents, and trade secrets shall be deemed confidential.

c.  On request from a Party (hereinafter referred to as the “Disclosing Party”), the other Party (hereinafter referred to as the “Recipient Party”) shall forthwith return to the Disclosing Party any Confidential Information which the Disclosing Party had previously supplied to the Recipient Party. Where such Confidential Information cannot for any reason be returned to the Disclosing Party, then the Recipient Party shall destroy such Confidential Information in such manner as the Disclosing Party shall prescribe.

d.  The confidentiality obligations herein shall not apply to information that:

i.  is or becomes public knowledge through no fault of the Recipient Party;

ii.  is known to the Recipient Party without restriction prior to the receipt from the Disclosing Party in furtherance of this Agreement, from its own independent sources as evidenced by the Recipient Party’s written records, and which was not acquired, directly or indirectly, from the Disclosing Party;

iii.  the Recipient Party receives from a third party known to have a right to transmit such information and under no obligation to keep such information confidential;

iv.  is independently developed by the Recipient Party’s employees, agents, or

representatives provided that the Recipient Party is able to show that such employees, agents, or representatives had no access to Confidential Information; or

v.  is Confidential Information required to be disclosed by virtue of a court order or statutory obligation provided that prior written notice is given to the Disclosing Party to enable the Disclosing Party to take steps to protect its interests in the information.

e.  The obligation of confidentiality herein shall continue notwithstanding the termination or expiry of this FastSeller Term of Service.

SECTION 13: COMPLIANCE WITH PERSONAL DATA PROTECTION ACT 2010

a.  The Parties shall recognise that in the course of carrying out the covenants or obligations of this FastSeller Term of Service, a Party may have access to the Confidential Information belonging or pertaining to the FastMerchants, customers, FastSellers or employees (hereinafter referred to as “the Personal Data”) and in this respect, the Recipient Party hereby undertakes that:

i.  it shall not, at any time, use or copy the Personal Data for any reason other than for the purposes of carrying out the covenants or obligations under this FastSeller Term of Service; and

ii.  it shall comply with all applicable laws pertaining to confidentiality and the privacy of Personal Data including the Personal Data Protection Act 2010 of Malaysia.

b.  The Recipient Party agrees to fully indemnify and hold the Disclosing Party harmless from and against any claim, loss or expense that the Disclosing Party may suffer as a result of the failure on the part of the Recipient Party or its personnel to comply with the requirements as to confidentiality herein.

c.  This indemnity shall survive the termination of the FastSeller Term of Service. For the avoidance of doubt, entities within the Disclosing Party group shall have the full benefit of and protection under this Clause through the Disclosing Party and the definition of Confidential Information including customer information shall cover the entities within the Disclosing Party group, where applicable. The obligations herein shall survive expiration or termination of this FastSeller Term of Service.

d.  For the avoidance of doubt, in respect of Personal Data received from the FastSeller, the Company shall be entitled to assume that the FastSeller shall have duly procured all necessary consents from the merchants, customers, agents, or employees or otherwise the individual to whom the Personal Data belongs in performing the Services or for the purposes of carrying out the covenants or obligations under this FastSeller Term of Service.

SECTION 14: GENERAL

a.  GOVERNING LAW: This FastSeller Term of Service shall be governed and construed by the laws of Malaysia. Both Parties consent to the non-exclusive jurisdiction of Malaysian Courts.

b.  ASSIGNMENT: This FastSeller Term of Service, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party.

c.  AMENDMENTS: This FastSeller Term of Service may be amended from time to time by the Company.

d.  NO WAIVER: None of the terms of this FastSeller Term of Service shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this FastSeller Term of Service between the Parties. No waiver of any term or provision of this FastSeller Term of Service shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this FastSeller Term of Service shall not constitute waiver of such term or any other term.

e.  SEVERABILITY: If any provision or term of this FastSeller Term of Service is held to be unenforceable, then this FastSeller Term of Service will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the FastSeller Term of Service, valid and enforceable. The invalidity or unenforceability of any provision of this FastSeller Term of Service shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this FastSeller Term of Service.

f.  ENTIRE AGREEMENT: This FastSeller Term of Service constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

g.  HEADINGS: Headings to this FastSeller Term of Service are for convenience only and shall not be construed to limit or otherwise affect the terms of this FastSeller Term of Service.

h.  FORCE MAJEURE:

Event of Force Majeure
No Party shall be in breach of its obligations under this FastSeller Term of Service if it is unable to perform or fulfil any of its obligations thereunder as a result of the occurrence of an Event of Force Majeure. An “Event of Force Majeure” shall mean an event, not within the control of the Party affected, which that Party is unable to prevent, avoid or remove, and shall be:

i.  War (whether declared or not), hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection, military or usurped power, civil war, terrorism;

ii.  Ionizing radiation or contamination by radioactivity from any nuclear waste, from the combustion of nuclear fuel, radioactive, toxic explosive, or other hazardous properties of any explosive, nuclear assembly or nuclear component thereof;

iii.  Natural catastrophe including but not limited to earthquakes, floods, tsunami, subsidence, lightning and exceptionally inclement weather;

iv.  Riot and disorders, criminal damage, sabotage, strike, lock out, labour unrest or other industrial disturbances (affecting the performance of this FastSeller Term of Service) which are not the fault of any of the Parties, which causes, or can reasonably be expected to cause either Party to fail to comply with its obligations; and

v.  Given the special nature of this FastSeller Term of Service which is reliant on electronic connectivity, also inclusive of:

vi.  Major disruptions to the telecommunications and other networks; or

vii.  Suspension (temporary or indefinite) of the operations of the Products by the Government Authority.

Nevertheless, an Event of Force Majeure shall not include economic downturn (unless such economic downturn renders this FastSeller Term of Service commercially unviable for both Parties), non-availability or insufficient funds or lack of financing on the part of any Party to perform its obligations under this FastSeller Term of Service.

Notification of Force Majeure

i.  If an Event of Force Majeure occurs which renders a Party to be unable to perform or fulfil any of its obligations under this FastSeller Term of Service, the Party(s) affected shall immediately notify the other in writing of the occurrence of any Event of Force Majeure applicable to its obligations hereunder, giving full details thereof and measures being taken by the Party so affected, to reduce the severity of such event and subsequently the cessation of such event.

ii.  If an Event of Force Majeure has occurred and either Party reasonably considers such Event of Force Majeure applicable to it to be of such severity or to be continuing for a period of more than six (6) months, then the Parties may mutually terminate this FastSeller Term of Service.

Consequences of Termination due to Event of Force Majeure

i.  If this FastSeller Term of Service is terminated pursuant to Section 14.8 (c) above, all rights and obligations hereunder shall forthwith terminate and neither Party shall have any claim against each other except for rights/claims subsisting prior to termination.

Delay

i.  Provided that the Party to this Agreement affected by the Event of Force Majeure has complied with the requirement to provide notice in accordance with Section 14.8 (b) it shall not be liable for any delay in performing its obligation under this Agreement to the extent that such delay has been caused by one or more of Event of Force Majeure. The Parties agree that the time for completion of any obligation under this Agreement and the time for completion, if any, shall be extended by the amount of the delay caused by such Event of Force Majeure.

ii.  Notwithstanding Section 8 (e) above, if the continuing occurrence of an Event of Force Majeure is of such severity that it frustrates the original intention and objective of the Parties hereto, the Parties hereto may mutually terminate this Agreement in accordance to Section 14.8 (c).

iii.  Be given under this Agreement shall be in writing and shall be sent by registered mail to the address of the relevant Party recorded in the system of the Company or email address as that Party may from time to time notify to the other Party in accordance with this Article ii) Notices sent as above shall be deemed to have been received three (3) working days after the day of posting (in the case of registered mail) or next working day after sending (in the case of email); iii) In proving the giving of a notice, it shall be sufficient to prove that the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched, and dispatch of the transmission was confirmed and/or acknowledged as the case may be.

CONTACTING US

In order to resolve a complaint regarding the Site or to receive further information and feedback regarding use of the Site, please contact us:

a.  By email: support@fastentix.com

b.  By phone number: +60125479447

c.  By using the feedback form found on the App.

For legal notices, please send all legal notices to legal.my@fastentix.com and attention it to the “General Counsel”.

APPENDIX 1

(This appendix shall be read and construed as an essential part of this Agreement)

1.  Direct Marketing - Travel-Related Arrangement Services

2.  Direct Marketing - Outbound Telemarketing Merchants

3.  Outbound telemarketers

4.  Direct Marketing - Continuity / Subscription Merchants

5.  Direct Marketing - Other Direct Marketers - not elsewhere classified

6.  Direct Marketing - Inbound Telemarketing Merchants

7.  Multi-level marketing businesses, Unlicensed Multi-level marketing

8.  Rebate-based business and up-selling merchants

9.  Pyramid or Ponzi scheme, matrix program and other "get rich quick" schemes

10.  Telemarketing

11.  Time sharing

12.  Gold bar

13.  Investment scheme

14.  Buyers' Club / Membership clubs

15.  Key-entry Telecom Merchant providing single local and long-distance phone calls using a central access number in a non–face-to-face environment using key entry

16.  Telecommunication Services including but not limited to prepaid phone services and recurring phone services

17.  File sharing services

18.  Illegal downloads of movies, music, computer and video games or software

19.  Items or downloads infringe or violate copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction

20.  Counterfeit designer/luxury goods

21.  Stolen goods including digital and virtual goods

22.  Drugs, Drug Proprietors, and Druggists Sundries

23.  Drug Stores, Pharmacies

24.  Drugs, drug paraphernalia and drug test circumvention aids

25.  Miracle Cures

26.  Internet pharmacies / internet pharmacy referral site

27.  Counterfeit pharmaceutical products

28.  Cigar Stores and Stands

29.  Tobacco / Cigar / Electronic Cigarette / Nicotine content products

30.  Counterfeit tobacco products (e.g., cigarettes, cigars)

31.  Alcohol

32.  Video Entertainment Rental Stores

33.  Gambling transaction, gaming and/or any other activity with an entry fee and a prize, includes casino games, sports betting, horse, dog or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery), sweepstakes and non- sports intrastate internet

34.  Credit Counselling / Credit repair services

35.  Credit repair or debt settlement services, credit transactions or insurance activities

36.  Credit protection / Identity thief protection

37.  Associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card

38.  Associated with the sale of traveller's checks or money orders

39.  Check cashing businesses

40.  Currency and forex

41.  Firearms / weapons

42.  Fireworks and hazardous materials

43.  Pornography and adult content

44.  Sexually oriented materials or services

45.  Items that are considered obscene

46.  Human remains and body parts

47.  Sale of a good or service, including an image, which is patently offensive and lacks serious artistic value (such as images of non-consensual sexual behaviour, sexual exploitation of a minor, non-consensual mutilation of a person or body part, and bestiality)

48.  Payment aggregator

49.  Items promote hatred, racism, religious persecution or contain offensive content items encouraging illegal activity

50.  Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent

(The above list may not be exhaustive or final, the Company reserves all its rights to add on or delete the list from time to time subject to the current applicable rules and regulations of the country)

Fastentix FastSquad Terms of Service

Preface

This FastSquad Term of Service is a legal and binding Term of Service between the BLYON GROUP BERHAD (individually and collectively, the “Company”, "we", "us" or "our") and FastSquad (“you”, “your") who registered as FastSquad Account with us and it governs your use of all Services which can be defined as below. The following terms and conditions apply to FastSquad’s use of the Services.

By applying as FastSquad for Fastentix (the “Services”) through signed up through our Application Forms and other necessary forms (the “Forms”) by using the Products and or the Services as defined below, the FastSquad acknowledges that you have been read and agree to be bound by all of the terms and conditions of this Term of Service and all documents incorporated by reference.

Please read the following Terms of Service carefully so that you are aware of your legal rights and obligations with respect to us. We have the right to revise these Terms of Service at any time without providing notice to you. Your use of the Services shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.

By signing the Application Forms and other necessary forms (the “Forms”) and paying the Requisite Registration fee (the “Fees”) as defined below, the FastSquad acknowledges that the you have read and agree to be bound by all of the terms and conditions of this Term of Service and all documents incorporated by reference.

WHEREAS: -

a.  The Company is engaging in introducing, marketing and distributing our e-commerce marketplace; Fastentix applications (Apps), a marketplace solution more particularly described as “Fastentix” (“the Products”).

b.  The Company desires to commence the FastSquad as its lawful executor who are eligible in the Territory described herein, under the terms and conditions in this FastSquad Term of Service.

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration, the Parties do hereby agree as follows:

DEFINITION

In this FastSquad Term of Service, including the above interpretation and the following expressions shall have the respective meanings set out as follows, except where inconsistent with the context requires otherwise:

a.  “Term of Service” means this FastSquad Term of Service, including the interpretation, the Application Form, Fee Structure and the appendices attached hereto.

b.  “Company” means Blyon Group Berhad (Company Registration No. 202001040667 (1396988-M)), a company incorporated in Malaysia and having its principal place of business at No 13 & 13A, Jalan P4/8B, Bandar Teknologi Kajang, 43700 Semenyih, Selangor.

c.  “Fastentix” means website which our addressed as https://www.fastentix.com

d.  “FastSquad” means the party which has signed up through Fastentix’s application form to use the Services as defined below.

e.  “FastMerchant Product / Service” means any product or service offered by FastMerchant to its customers and which is ordered, purchased or otherwise provided to a customer pursuant to a Transaction;

f.  “FastMerchant” means the party which has signed up through Fastentix Acquisition form to use the Products or relevant services as defined below.

g.  “Fees” means registration fee or system fee set forth in the Application Form to entitle a person to be accepted as a lawful FastSquad of Fastentix.

h.  “Marks” mean the names, marks, designs, logos, signs, acronyms and other insignia (whether registered or unregistered) used or to be used by the Company in connection with the Products and / or Services including all variations thereof and amendments thereto from time to time.

i.  “Products” mean Fastentix’s business solution through the application (Apps) FASTENTIX and other related services.

j.  “Regulatory Authority” means any ministry or department of the Government of Malaysia and includes any statutory authority or body in Malaysia established with powers to regulate banking, credit or financial services and / or electronic transactions or communications.

k.  “Services” mean the range of services that we provide to users pursuant to this Term of Service as may be authorised by Fastentix from time to time.

l.  “Transaction(s)” means transactions effected and services obtained by the FastMerchant.

Term of Service shall apply to and bind all the FastSquad duly accepted by the Company. The FastSquad agrees to abide by any additional terms and conditions published in the website of the Company which constitute an essential part of this Term of Service. Headings are for convenience only and shall not affect the construction or interpretation of this Terms of Service. This Term of Service shall apply to FastSquad subscribes from the Company. The FastSquad agrees to abide by the additional terms and condition which are incorporated into this Term of Service.

SECTION 1: APPOINTMENT

a.  In consideration of the payment of commission stipulated herein (“the Stimulus”) to be paid by the Company to the FastSquad, the Company hereby invite the FastSquad hereby accepts the appointment by the Company to be and act as an affiliate/dropship to promote and act as an activator to the system to create more buyer and another eligible FastSquad in the Territory described herein in accordance with the terms and conditions of this FastSquad Term of Service.

b.  For avoidance of doubt, this appointment does not confer any exclusivity and the Company shall be entitled to appoint any other FastSquad to enter into a similar FastSquad Term of Service in the Territory described herein.

SECTION 2: PAYMENT OF COMMISSION

The FastSquad who has successfully registered and enrolled as FastSquad are eligible and shall be paid five types of stimuluses as described herein: -

a.  A Fastquad is entitled to earn 0.5% of affiliate stimulus when someone purchases using the share linked given.

b.  A FastSquad is entitled to earn 1.5 % target 5 stimulus maximum up to three levels.

c.  A FastSquad is entitled to 3.0 % of sale stimulus when you have successfully recruited five (5) FastSquad directly under you.

d.  A FastSquad is entitled to be given stimulus by dropship commission.

e.  A FastSquad is entitled to gain your stimulus by referral commission up to three levels.

f.  The Company reserves the right to cease payments of future stimulus in the event it is satisfied that a Fastsquad has breached the Terms of Service which involves any trade or activities deemed undesirable by the Company (refer to Appendix 1 herein).

SECTION 3: TERRITORY

The FastSquad shall affiliate/dropship to promote and act as an activator to the system to create more buyers and another FastSquad who are eligible in Malaysia (“the Territory”).

SECTION 4: COVENANT BY FASTSQUAD

The FastSquad agrees and undertakes to comply with and act in accordance and subject to the following:

a.  Requirement to be as a FastSquad, is an individual must confirm that he or she is a Malaysian citizen who is above 18 years old but not exceeding 65 years old and

i.  maintains an active bank account in Malaysia.

ii.  FastSquad must submit a hardcopy of his identity card (for Malaysian) or all other necessary documents whenever required by the Company.

b.  He or She shall pay the registration fee RM150 indicating an upgrade level from FastSeller or FastBuyer to a FastSquad as described herein after signing up on-line and before approaching any FastMerchant.

Permitted Use of Name, Marketing Tools and Advertisement

a.  The FastSquad shall not use the name of “BLYON FASTENTIX” or “FASTENTIX” or any other names related to the Company to raise funds in whatsoever manner or for any other purposes.

b.  The FastSquad shall only use the standardised name cards, buntings, banners, T-shirts, caps and any other necessary trade or promotional or marketing tools (hereinafter collectively referred to as “the Marketing Tools”) designed and produced by the assigned panel designers or producers of the Company.

c.  The FastSquad shall not hold any promotional booth, event or activity without prior written approval from the Company or against the standard being imposed by the Company.

d.  The FastSquad shall not publish, advertise or circulate information and / or documents regarding “BLYON FASTENTIX” or “FASTENTIX” or any other name related to the Company or this Fastentix FastSquad Term of Service unless specifically authorised in writing by the Company and subject to the terms of this Term of Service.

e.  The FastSquad shall not do any of the following acts without having obtained prior written approval from the Company to do so: -

i.  insert or display any advertisement in respect of the Company in any mass communications media and or electronic transmitted devices; or

f.  issue or cause to be issued any circulars or publications or write any letters to mass communications media and or electronic transmitted devices in respect of the Company.

g.  The FastSquad shall indemnify and keep indemnified the Company from and against all actions, demands, claims, damages, penalties and costs which may arise out of any unauthorised action, utterance, publication and or statement whatsoever by the FastSquad and / or his servants.

Participation and Attendance in Training, Meetings, Activities and Events

a.  The FastSquad shall participate and attend training provided by the Company - from time to time.

b.  The FastSquad shall participate and attend meetings held by the Company - from time to time. The regular meeting shall be at least once a month.

c.  The FastSquad shall resort to FAQs in the portal when encountering problems or convey any predicament, difficulty or issue relating to FastMerchants or in selling and marketing the products during the regular meeting.

d.  The FastSquad shall participate and attend activities, events or promotions organised by the Company.

e.  The FastSquad shall abide by the Standard Operating Procedure (“SOP”) imposed by the Company on customer service support, recruitment of FastSquads and other relevant issues.

SECTION 5: COVENANT BY COMPANY

The Company undertakes to the FastSquad and shall perform the following to enable, facilitate and support the FastSquad in selling and marketing the Products: -

a.  The Company shall upon receipt of payment of the fee or FastSquad Term of Service to pay the fee from merchants provide or cause to be provided the Products to merchants who are eligible. The Company further undertakes that any technical issues relating to the Products or any development or upgrading of the Products shall be the duty and obligation of the Company or the duty and obligation of the Service Agency to deal with the Company.

b.  The FastSquad is required to cooperate and work together with the Service Agency at any promotional booth, road show, activity or event approved by the Company to promote the Products or recruit merchants or s.

c.  The Company shall provide necessary training to the FastSquad to equip the FastSquad with necessary technical knowledge and information to sell and market the Products.

d.  The Company or the Service shall provide and keep the FastSquad updated on its Standard Operating Procedure (“SOP”) imposed by the Company.

e.  The Company shall provide or cause to be provided solutions on technical issues to the FastSquad.

SECTION 6: PRINCIPAL- RELATIONSHIP

a.  The Parties agree that nothing herein shall be construed or deemed to create an employment, a partnership or a joint venture relationship with the Company, its parent, subsidiaries or affiliates for any purpose whatsoever.

b.  The FastSquad does not have, nor will the FastSquad hold itself out as having, any right, power or authority to create any contract or obligation, either express or implied, on behalf of the principal, its parents, subsidiaries or affiliates save and except for the terms being agreed in this FastSquad Term of Service.

c.  The FastSquad hereby agrees to indemnify and save harmless the Company from and against any loss, costs or other liability whatsoever arising from or out of or in any way related to the provision of services by the FastSquad to any FastMerchant or out of the wanton or reckless conduct or dishonesty of the FastSquad in respect of any such services.

SECTION 7: TERMINATION

a.  This FastSquad Term of Service may be terminated by the Company at any time, without notice, if the FastSquad is found committing serious misconduct or guilty of any criminal offence and sentenced by the Court of competent jurisdiction in Malaysia and being declared as a bankrupt or insolvent. Thereafter this FastSquad Term of Service shall be rendered null and void and neither party shall have further claim against each other save and except for any antecedent breach. In the case of a limited company, the being referred to herein shall be applicable to the directors of the company.

b.  In the event of breach of any of the covenants or terms and conditions herein, this FastSquad Term of Service may be terminated by the Company subject to the following: -

i.  In case of the breach which is capable of being remedied: -

i.i.i.  The Company shall give 30 days’ notice (“the 1st Notice”) to the FastSquad to remedy the breach;

ii.  If the FastSquad refuses, fails and / or neglects to remedy the breach after the 1st Notice and the good faith discussion or counselling, the Company shall terminate this FastSquad Term of Service forthwith.

iii.  In case of the breach which is incapable of being remedied or death or disability of the :

i.iii.i.  The Company shall give 30 days’ written notice to the FastSquad to terminate this FastSquad Term of Service.

c.  The FastSquad may terminate this FastSquad Term of Service by giving 30 days' written notice to the Company.

SECTION 8: INTELLECTUAL PROPERTY

8.1 General

a.  The FastSquad hereby acknowledges and agrees that all intellectual property belonging to or in the name of the Company or developed in the course of this FastSquad Term of Service shall be and remain the exclusive property of the Company and the FastSquad shall not at any time acquire or claim any right, title or interest in or to any such intellectual property.

b.  For the purposes hereof, the term “Intellectual Property” shall mean all intellectual property and proprietary rights, including:

i.  inventions (whether patented, unpatented or un-patentable);

ii.  branding and trademarks;

iii.  copyrights and works of authorship;

iv.  industrial design, mask works and mask work rights;

v.  trade secrets, know-how and confidential business information (including technical data and documents);

vi.  software and algorithms;

vii.  domain names, web presence and website content;

viii.  advertising and promotional material; and

c.  all tangible and intangible manifestations of such intellectual property.

8.2 Third Party Intellectual Property

a.  If in the furtherance of this FastSquad Term of Service and / or in selling or marketing the Products the FastSquad shall utilise any third party’s Intellectual Property, the shall ensure that it has all due authority, right, and / or license to utilise the same from the third party and the FastSquad shall ensure that such due authority, right, and / or licenses obtained by the FastSquad from such third party shall be extended to the Principal prior to entering into any FastSquad Term of Service between the Principal and the third party.

8.3 Effect of Termination, Expiry or Lapse

a.  Except where otherwise agreed by the Parties hereto in writing, upon termination of this FastSquad Term of Service, the FastSquad shall, and / or shall procure that its respective employees and servants:

i.  immediately cease use of the Intellectual Property;

ii.  within thirty (30) Business Days return to the other, or if the other requests in writing, destroy all copies of the Intellectual Property and any documentation provided by the other in its possession, custody or control; and

iii.  the obligation with regards to the Intellectual Property herein shall continue

notwithstanding the termination or expiry of this FastSquad Term of Service.

SECTION 9: LIMITATION OF LIABILITY

a.  In no event shall either Party under this FastSquad Term of Service have any liability to the other for any special, consequential, exemplary, incidental, or punitive damages arising out of this FastSquad Term of Service or in connection with any performance under this FastSquad Term of Service.

b.  Any limitation of liability agreed herein shall not apply, restrict, or exclude a defaulting Party’s liability in cases of wilful or intentional misconduct, or gross negligence by the defaulting Party in which case the defaulting Party shall be fully liable to indemnity the non-defaulting Party of all losses on a full indemnity basis. Without derogating from the generality of the foregoing, such acts shall include, but shall not be limited to:

i.  fraud, or fraudulent misrepresentation;

ii.  death and personal injury due to negligence;

iii.  damage to real and personal property;

iv.  wilfully malicious conduct;

v.  breach of any Intellectual Property rights;

vi.  breach of the confidentiality obligation herein;

vii.  any acts or omissions which give rise to third party claims against the innocent Party; and

viii.  any other conduct to the extent that any exclusion or limitation is prohibited by the Laws.

SECTION 10: NON-COMPETITION AND NON-PERMITTED USE OF COMPANY’S RESOURCES

a.  During the course of this FastSquad Term of Service, the FastSquad agrees and undertakes to the Company to refrain from engaging, directly or indirectly, in any form of commercial competition (including, but not limited to, through business, marketing, investment or financial activities) with the Company. The FastSquad agrees not to engage in any form of commercial competition either single-handedly or through the employment or contracting with a third-party or specifically, the FastSquad shall not:

a.i.  Use any of the business information given by the Company to the directly or indirectly to procure a commercial advantage over the Company or otherwise use any designs, ideas or concepts created by or belonging to the Company without the express written consent of the Company;

b.  Solicit the clients or customers of the Company to provide services or supply goods to them of the same or a similar type to those provided by the FastSquad during the course of this FastSquad Term of Service and for a period of two (2) years following the termination of this FastSquad Term of Service;

c.  Endeavour to entice away from the Company or employ or offer to employ any person who is employed by the Company during the term of this FastSquad Term of Service and for two (2) years following the termination of this FastSquad Term of Service, whether or not the person would commit a breach of his or her contract of employment by being enticed or accepting employment with them. This prohibition shall not apply to the recruitment of any such employee who has answered a bona fide advertisement or been recruited by an agency to the FastSquad, if the FastSquad has not given directly or indirectly any form of encouragement to that employee to do so.

d.  During the course of this FastSquad Term of Service, the FastSquad agrees and undertakes to the Company to refrain from using any resources belongs to the Company directly or indirectly, in any form of collaboration (including, but not limited to, through business, marketing, investment or financial activities), in particular with the Service Agency /Sub Service Agency / Agencies in any part of the Territory to promote the FastSquad’s own business provided always that the FastSquad’s own business subscribes the Products as the FastMerchant of the Company and always subject to terms and condition to be imposed by the Company.

SECTION 11: CONFIDENTIALITY

a.  The Parties irrevocably undertake and covenant with each other that it shall not during and after the subsistence of this FastSquad Term of Service divulge, replace, copy, duplicate, reverse engineer, modify, tamper, exploit, disclose, and/or transmit to any person whosoever or otherwise make use of and to prevent the publication or disclosure of any confidential information unless prior written approval of the other has been obtained or where such disclosure is required by law.

b.  For the purposes hereof, the term “Confidential Information” shall mean and include the following: -

i.  information or material which is marked as “Confidential”, “Proprietary”, or “Restricted”;

ii.  information or material not generally known outside of the Parties or otherwise not available to the general public at the time of the disclosure; and

iii.  business plans, models, methods, and strategies, client and customer lists, client and customer data, technical specifications, drawings and documents, and trade secrets shall be deemed confidential.

c.  On request from a Party (hereinafter referred to as the “Disclosing Party”), the other Party (hereinafter referred to as the “Recipient Party”) shall forthwith return to the Disclosing Party any Confidential Information which the Disclosing Party had previously supplied to the Recipient Party. Where such Confidential Information cannot for any reason be returned to the Disclosing Party, then the Recipient Party shall destroy such Confidential Information in such manner as the Disclosing Party shall prescribe.

d.  The confidentiality obligations herein shall not apply to information that:

i.  is or becomes public knowledge through no fault of the Recipient Party;

ii.  is known to the Recipient Party without restriction prior to the receipt from the Disclosing Party in furtherance of this FastSquad Term of Service, from its own independent sources as evidenced by the Recipient Party’s written records, and which was not acquired, directly or indirectly, from the Disclosing Party;

iii.  the Recipient Party receives from a third party known to have a right to transmit such information and under no obligation to keep such information confidential;

iv.  is independently developed by the Recipient Party’s employees, s, or representatives provided that the Recipient Party is able to show that such employees, servants, or representatives had no access to Confidential Information; or

v.  is Confidential Information required to be disclosed by virtue of a court order or statutory obligation provided that prior written notice is given to the Disclosing Party to enable the Disclosing Party to take steps to protect its interests in the information.

e.  The obligation of confidentiality herein shall continue notwithstanding the termination or expiry of this FastSquad Term of Service.

SECTION 12: COMPLIANCE WITH PERSONAL DATA PROTECTION ACT 2010

a.  The Parties shall recognise that in the course of carrying out the covenants or obligations of this FastSquad Term of Service, a Party may have access to the Confidential Information belonging or pertaining to the FastMerchants, customers, FastSquads or employees (hereinafter referred to as “the Personal Data”) and in this respect, the Recipient Party hereby undertakes that:

i.  it shall not, at any time, use or copy the Personal Data for any reason other than for the purposes of carrying out the covenants or obligations under this FastSquad Term of Service; and

ii.  it shall comply with all applicable laws pertaining to confidentiality and the privacy of Personal Data including the Personal Data Protection Act 2010 of Malaysia.

b.  The Recipient Party agrees to fully indemnify and hold the Disclosing Party harmless from and against any claim, loss or expense that the Disclosing Party may suffer as a result of the failure on the part of the Recipient Party or its personnel to comply with the requirements as to confidentiality herein.

c.  This indemnity shall survive the termination of the FastSquad Term of Service. For the avoidance of doubt, entities within the Disclosing Party group shall have the full benefit of and protection under this Clause through the Disclosing Party and the definition of Confidential Information including customer information shall cover the entities within the Disclosing Party group, where applicable. The obligations herein shall survive expiration or termination of this FastSquad Term of Service.

d.  For the avoidance of doubt, in respect of Personal Data received from the FastSquad, the Company shall be entitled to assume that the FastSquad shall have duly procured all necessary consents from the merchants, customers, s, or employees or otherwise the individual to whom the Personal Data belongs in performing the Services or for the purposes of carrying out the covenants or obligations under this FastSquad Term of Service.

SECTION 13: GENERAL

i.  GOVERNING LAW: This FastSquad Term of Service shall be governed and construed by the laws of Malaysia. Both Parties consent to the non-exclusive jurisdiction of Malaysian Courts.

ii.  ASSIGNMENT: This FastSquad Term of Service, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party.

iii.  AMENDMENTS: This FastSquad Term of Service may be amended from time to time by the Company.

iv.  NO WAIVER: None of the terms of this FastSquad Term of Service shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written FastSquad Term of Service can constitute waiver of any of the terms of this FastSquad Term of Service between the Parties. No waiver of any term or provision of this FastSquad Term of Service shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this FastSquad Term of Service shall not constitute waiver of such term or any other term.

v.  SEVERABILITY: If any provision or term of this FastSquad Term of Service is held to be unenforceable, then this FastSquad Term of Service will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the FastSquad Term of Service, valid and enforceable. The invalidity or unenforceability of any provision of this FastSquad Term of Service shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this FastSquad Term of Service.

vi.  ENTIRE FASTSQUAD TERM OF SERVICE: This FastSquad Term of Service constitutes the entire FastSquad Term of Service between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

vii.  HEADINGS: Headings to this FastSquad Term of Service are for convenience only and shall not be construed to limit or otherwise affect the terms of this FastSquad Term of Service.

viii.  FORCE MAJEURE:

Event of Force Majeure
No Party shall be in breach of its obligations under this FastSquad Term of Service if it is unable to perform or fulfill any of its obligations thereunder as a result of the occurrence of an Event of Force Majeure. An “Event of Force Majeure” shall mean an event, not within the control of the Party affected, which that Party is unable to prevent, avoid or remove, and shall be:

i.  war (whether declared or not), hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection, military or usurped power, civil war, terrorism;

ii.  ionizing radiation or contamination by radioactivity from any nuclear waste, from the combustion of nuclear fuel, radioactive, toxic explosive, or other hazardous properties of any explosive, nuclear assembly or nuclear component thereof;

iii.  natural catastrophe including but not limited to earthquakes, floods, tsunami, subsidence, lightning and exceptionally inclement weather;

iv.  riot and disorders, criminal damage, sabotage, strike, lock out, labour unrest or other industrial disturbances (affecting the performance of this FastSquad Term of Service) which are not the fault of any of the Parties, which causes, or can reasonably be expected to cause either Party to fail to comply with its obligations; and

v.  given the special nature of this FastSquad Term of Service which is reliant on electronic connectivity, also inclusive of:

vi.  major disruptions to the telecommunications and other networks; or

vii.  suspension (temporary or indefinite) of the operations of the Products by the Government Authority.

Nevertheless, an Event of Force Majeure shall not include economic downturn (unless such economic downturn renders this FastSquad Term of Service commercially unviable for both Parties), non-availability or insufficient funds or lack of financing on the part of any Party to perform its obligations under this FastSquad Term of Service.

Notification of Force Majeure
i.  If an Event of Force Majeure occurs which renders a Party to be unable to perform or fulfil any of its obligations under this FastSquad Term of Service, the Party(s) affected shall immediately notify the other in writing of the occurrence of any Event of Force Majeure applicable to its obligations hereunder, giving full details thereof and measures being taken by the Party so affected, to reduce the severity of such event and subsequently the cessation of such event.

ii.  If an Event of Force Majeure has occurred and either Party reasonably considers such Event of Force Majeure applicable to it to be of such severity or to be continuing for a period of more than six (6) months, then the Parties may mutually terminate this FastSquad Term of Service.

Consequences of Termination due to Event of Force Majeure
i.  If this FastSquad Term of Service is terminated pursuant to Section 13.8 (c) above, all rights and obligations hereunder shall forthwith terminate and neither Party shall have any claim against each other except for rights/claims subsisting prior to termination.

Delay
i.  Provided that the Party to this FastSquad Term of Service affected by the Event of Force Majeure has complied with the requirement to provide notice in accordance with Section 13.8 (b) it shall not be liable for any delay in performing its obligation under this FastSquad Term of Service to the extent that such delay has been caused by one or more of Event of Force Majeure. The Parties agree that the time for completion of any obligation under this FastSquad Term of Service and the time for completion, if any, shall be extended by the amount of the delay caused by such Event of Force Majeure.

ii.  Notwithstanding Section 7 (e) above, if the continuing occurrence of and Event of Force Majeure is of such severity that it frustrates the original intention and objective of the Parties hereto, the Parties hereto may mutually terminate this FastSquad Term of Service in accordance to Section 13.8 (c).

iii.  NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: i) Any notice to be given under this FastSquad Term of Service shall be in writing and shall be sent by registered mail to the address of the relevant Party recorded in the system of the Company or email address as that Party may from time to time notify to the other Party in accordance with this Article ii) Notices sent as above shall be deemed to have been received three (3) working days after the day of posting (in the case of registered mail) or next working day after sending (in the case of email); iii) In proving the giving of a notice, it shall be sufficient to prove that the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched, and dispatch of the transmission was confirmed and/or acknowledged as the case may be.

CONTACTING US

In order to resolve a complaint regarding the Site or to receive further information and feedback regarding use of the Site, please contact us:

a.  By email: support@fastentix.com

b.  By phone number: +6017 694 4730

c.  By using the feedback form found on the App.

For legal notices, please send all legal notices to legal.my@fastentix.com and attention it to the “General Counsel”.

APPENDIX 1

(This appendix shall be read and construed as an essential part of this FastSquad Term of Service)

1.  Direct Marketing - Travel-Related Arrangement Services

2.  Direct Marketing - Outbound Telemarketing Merchants

3.  Outbound telemarketers

4.  Direct Marketing - Continuity / Subscription Merchants

5.  Direct Marketing - Other Direct Marketers - not elsewhere classified

6.  Direct Marketing - Inbound Telemarketing Merchants

7.  Multi-level marketing businesses, Unlicensed Multi-level marketing

8.  Rebate-based business and up-selling merchants

9.  Pyramid or Ponzi scheme, matrix program and other "get rich quick" schemes

10.  Telemarketing

11.  Time sharing

12.  Gold bar

13.  Investment scheme

14.  Buyers' Club / Membership clubs

15.  Key-entry Telecom Merchant providing single local and long-distance phone calls using a central access number in a non–face-to-face environment using key entry

16.  Telecommunication Services including but not limited to prepaid phone services and recurring phone services

17.  File sharing services

18.  Illegal downloads of movies, music, computer and video games or software

19.  Items or downloads infringe or violate copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction

20.  Counterfeit designer/luxury goods

21.  Stolen goods including digital and virtual goods

22.  Drugs, Drug Proprietors, and Druggists Sundries

23.  Drug Stores, Pharmacies

24.  Drugs, drug paraphernalia and drug test circumvention aids

25.  Miracle Cures

26.  Internet pharmacies / internet pharmacy referral site

27.  Counterfeit pharmaceutical products

28.  Cigar Stores and Stands

29. Tobacco / Cigar / Electronic Cigarette / Nicotine content products

30.  Counterfeit tobacco products (e.g., cigarettes, cigars)

31.  Alcohol

32.  Video Entertainment Rental Stores

33.  Gambling transaction, gaming and/or any other activity with an entry fee and a prize, includes casino games, sports betting, horse, dog or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery), sweepstakes and non- sports intrastate internet

34.  Credit Counselling / Credit repair services

35.  Credit repair or debt settlement services, credit transactions or insurance activities

36.  Credit protection / Identity thief protection

37.  Associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card

38.  Associated with the sale of traveller's checks or money orders

39.  Check cashing businesses

40.  Currency and forex

41.  Firearms / weapons

42.  Fireworks and hazardous materials

43.  Pornography and adult content

44.  Sexually oriented materials or services

45.  Items that are considered obscene

46.  Human remains and body parts

47.  Sale of a good or service, including an image, which is patently offensive and lacks serious artistic value (such as images of non-consensual sexual behaviour, sexual exploitation of a minor, non-consensual mutilation of a person or body part, and bestiality)

48.  Payment aggregator

49.  Items promote hatred, racism, religious persecution or contain offensive content Items encouraging illegal activity

50.  Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent

(The above list may not be exhaustive or final, the Company reserves all its rights to add on or delete then list from time to time subject to the current applicable rules and regulations of the country)

Fastentix FastBuyer Terms of Service

Preface

This FastBuyer Term of Service constitutes a legally binding agreement between you, FastBuyer (“you”, “your”), who registered as a Fast BUYER Account with BLYON GROUP BERHAD (referred to as the “Company”, "we", "us", or "our"), governing your use of all Services provided. The Services, as defined below, are subject to the terms and conditions outlined herein.

By applying as a FastBuyer for Fastentix (referred to as the “Services”) through the completion of our Application Forms and other necessary forms (the “Forms”) and using the Services as defined below, FastBuyer acknowledges that you have read and agree to be bound by all of the terms and conditions of this FastBuyer Term of Service, as well as any accompanying documents incorporated by reference.

Please read the following FastBuyer Terms of Service carefully so that you are aware of your legal rights and obligations with respect to us. We have the right to revise these FastBuyer Terms of Service at any time without providing notice to you. Your use of the Services shall be deemed irrevocable acceptance of these FastBuyer Terms of Service and any such revisions.

WHEREAS: -

a)  The Company is engaging in introducing, marketing and distributing our e-commerce marketplace; Fastentix applications (Apps), a marketplace solutions more particularly described as “Fastentix” (“the Products”).

b)  The Company desires to welcome the FastBuyer as its permissible as an end user, a buyer in an online platform who is eligible in the Territory described herein, under the terms and conditions in this Term of Service.

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration, the Parties do hereby agree as follows:

DEFINITION

In this FastBuyer Term of Service, including the above interpretation and the following expressions shall have the respective meanings set out as follows, except where inconsistent with the context requires otherwise:

a.  “Term of Service” means this FastBuyer Term of Service, including the interpretation.

b.  “Company” means Blyon Group Berhad (Company Registration No. 202001040667 (1396988-M)), a company incorporated in Malaysia and having its principal place of business at No 13 & 13A, Jalan P4/8B, Bandar Teknologi Kajang, 43700 Semenyih, Selangor.

c.  “Marks” mean the names, marks, designs, logos, signs, acronyms and other insignia (whether registered or unregistered) used or to be used by the Company in connection with the Products and/or Services including all variations thereof and amendments thereto from time to time.

d.  “FastBuyer” means the party which has signed up through Fastentix’s application form to use the Services as defined below.

e.  “Fastentix” means website which our addressed as https://www.fastentix.com

f.  “FastMerchant Product / Service” means any product or service offered by the Brand Owner, the Founder, sole distributor, franchisor to their customers and which is ordered, purchased or otherwise provided to a customer pursuant to a Transaction;

g.  “FastSeller” means an individual, reseller, stockist who sell and market the FastMerchants’ products or services;

h.  “Products” mean Fastentix’s business solution through the application (Apps) FASTENTIX and other related services.

i.  “Regulatory Authority” means any ministry or department of the Government of Malaysia and includes any statutory authority or body in Malaysia established with powers to regulate banking, credit or financial services and/or electronic transactions or communications.

j.  “Services” mean the range of services that we provide to users pursuant to this FastBuyer Term of Service as may be authorised by Fastentix from time to time.

k.  “Transaction(s)” means transactions effected and services obtained by the FastBuyer.

l.  “User(s)” refers to all individuals, entities, or parties that utilize the app's services, features, or functionalities. This includes but is not limited to individual users, organizations, businesses, or any other entities that interact with the app in any capacity.

This Term of Service shall apply to and bind all the FastBuyer duly accepted by the Company. The FastBuyer agrees to abide by any additional terms and conditions published in the website of the Company which constitute an essential part of this FastBuyer Term of Service.

SECTION 1: REGISTRATION

The Company hereby open up to anyone to join as a FastBuyer which hereby accepts the FastBuyer Term of Service by the Company, as an end user/customer who want buy a guarantee/genuine product from authentic brand and received within same day delivery from an authorized seller. The actual contract for sale is directly between FastBuyer and FastSeller who are authorized by their FastMerchant in the Territory described herein in accordance with the terms and conditions of this FastBuyer Term of Service.

For avoidance of doubt, the above description does not confer any exclusivity and the Company shall be entitled to open any other similar FastBuyer to enter into a similar agreement in the Territory described herein.

SECTION 2: ADVANCEMENT

The company hereby initiating the FastBuyer to upgrading their level to become one of our family of fastSQUAD team to enjoy a lifetime benefits and privileges.

SECTION 3: TERRITORY

The FastBuyer shall made products purchase to FastSeller(s) or FastMerchant(s) who are eligible in Malaysia (“the Territory”)

SECTION 4: COVENANT BY FASTBUYER

The FastBuyer agrees and undertakes to comply with and act in accordance and subject to the following:

a.  Requirement to be as a FastBuyer, is an individual must confirm that he or she is a Malaysian citizen who is above 18 years old but not exceeding 65 years old

i.  maintains an active bank account in Malaysia.

ii.  The FastBuyer must submit form by filling up all the required details as provided in Fastentix Apps.

UNDERTAKINGS OF THE FASTBUYER

The FastBuyer agrees and undertakes throughout the term of this FastBuyer Term of Service, that they shall:

1.  not make any warranty or representation howsoever in relation to the Products or the Services which may bind the Company or render the Company liable in any way howsoever;

2.  at its own expense and before the time agreed for installation or activation of the Products or the Services, prepare and provide the necessary, compatible operational smart phone, equipment, software and connection specified by the Company for the purposes of using the Products or the Services; and where necessary, prepare and provide such interface hardware and software to the Company.

3.  not alter, copy, modify or tamper with any hardware or software provided by the Company (if any);

4.  install such measures as may be necessary to protect the security and integrity of related hardware or software, whether owned by the FastBuyer or the Company;

5.  where required, comply with all security or encryption standards, rules and procedures imposed by the Company;

6.  make connections to such other systems as the Company may require from time to time;

7.  not sell, assign, license, transfer or permit the use of the Company software or hardware by any party without the written permission of the Company;

8.  prior to using the Products or the Services, open and maintain at all times during the term of this Term of Service, an account in its name with one of the local banks which shall be designated for purposes of monetary transactions

9.  inform the Company of any change in the particulars of the FastBuyer’s designated bank account;

UNDERTAKINGS OF THE COMPANY

The Company agrees and undertakes that it shall:

1.  use its best endeavours to provide to the FastBuyer the Products and/or the Services for which the FastBuyer subscribes and pays the applicable Fees;

2.  provide guidelines and advices on the use and operation of the hardware and/or software for the Products and/or the Services to the FastBuyer personnel on such terms as the parties shall agree.

The Company makes no representations or warranties of any kind with respect to the systems operated by the Company or any software and hardware provided, or any part thereof, express or implied, and shall not be liable to the FastBuyer for any loss or damage howsoever caused and regardless of the form of loss or damage which may be suffered or incurred by the FastBuyer or any third party in connection with this Term of Service including (without prejudice to the generality of the foregoing) any loss of profit in consequence of a breakdown in providing the Products or part thereof.

DISPUTES

1.  The Company shall be involved in any dispute or claim that may arise between the FastBuyer and the FastSeller.

2.  The parties hereto agree that in the event of a dispute or claim of whatever nature arising in respect of any Transaction, the records of the transactions available from the FastBuyer and the Company shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim. Where there are discrepancies between records of the transactions recorded by the Company and the FastBuyer, the discrepancies shall be jointly investigated by the Company and the FastBuyer using information from both parties whenever appropriate, and proper adjustments (if any) shall be made.

3.  The FastBuyer agrees that where multiple or excess payments have been affected by or on behalf of the FastBuyer in respect of any Transaction, whether through the Products or the Services or through any other existing system of payment, the FastBuyer shall refund or reimburse such users for such excess payments made and shall keep the Company harmless from and indemnified against any claim related to such excess.

DISCLOSURE

The FastBuyer hereby agrees and consents to the disclosure and release by the Company of any information in the possession of the Company relating to the FastBuyer, the particulars of the transactions or any designated account relating to the transactions for the purpose of investigating any claim or dispute arising out of this FastBuyer Term of Service or in connection with the transactions under the provision of the Products and/or the Services which consent shall survive both the suspension of rights hereunder and the termination of this FastBuyer Term of Service.

NOTICES

Unless otherwise provided herein or agreed to in writing by the parties hereto, all notices or other communications to or upon the FastBuyer and the Company shall be sufficiently served if delivered at or sent by registered post by either party to the other at the address above stated or the address of the registered office recorded with the Companies Commission of Malaysia (SSM) and shall be deemed to have been served in the case of a notice delivered by hand on the day of the delivery, in the case of a notice served by registered post on the day following that on which notice was posted and in the case of a notice served by email on the day of the email.

SEVERABILITY

If any provision herein is deemed by any tribunal or court of competent jurisdiction to be illegal, invalid or unenforceable under any applicable law or otherwise, it shall, to the extent required by such law and subject to the FastBuyer Term of Service of the Company, be severed from this FastBuyer Term of Service and rendered ineffective so far as is possible without affecting the legality, validity and enforceability of the remaining provisions of this FastBuyer Term of Service.

INDULGENCE

The liability of the FastBuyer hereunder shall not be impaired or discharged by reason of any time or grace or other indulgence being granted by or with the consent of the Company or any forbearance by the Company to insist upon its strict rights hereunder. No right under this FastBuyer Term of Service shall be deemed to have been waived except in writing signed by the parties hereto and waiver of any particular right in a particular instance shall not constitute or be deemed a waiver of any other right.

SUSPENSION OF RIGHTS

Without prejudice to any of the Company’s rights at law and under this FastBuyer Term of Service, in the event of a breach by the FastBuyer of any of the terms and conditions of this FastBuyer Term of Service, the Company may at its sole discretion give immediate notice in writing to the v to remedy the breach within one (1) month of the said notice and may during the notice period, suspend all rights of the FastBuyer under this Term of Service, save for those rights necessary to enable the FastBuyer to remedy the breach. If the FastBuyer shall fail to remedy the breach within the aforesaid notice period, the Company shall have the right but not the obligation to extend the notice period (with or without suspension) or forthwith terminate this FastBuyer Term of Service in accordance with Clause 37.

TERMINATION OF TERM OF SERVICE

1.  This Term of Service shall become effective when the FastBuyer agrees to the terms and conditions in the website portal created by the Company and shall remain in force and effect until terminated in accordance with the terms of this.

2.  Either party to this Term of Service may elect to terminate this Term of Service by giving one (1) month’s prior notice in writing to the other party of its intention to do so.

3.  Notwithstanding Clause 35 and Clause 36 above, the Company shall have the right (but not the obligation) at any time to give immediate notice in writing to the FastBuyer to terminate this Term of Service forthwith upon the happening of any one or more of the following events of default, whether or not such event is of a continuing nature:

a.  if in the sole opinion of the Company, the FastBuyer has breached any of the terms and conditions of this FastBuyer Term of Service

SERVICES

FastBuyer acknowledges and agrees that:

1.  Fastentix operates solely as an electronic marketplace (e-commerce) and: (i) under no circumstances acts as a purchaser, dealer, middleman, retailer, auctioneer, supplier, distributor, manufacturer, broker, agent; and (ii) makes representations or warranties and does not ensure the quality, safety and/or legality of any FastBuyer Product / Service. FastentixPay does not guarantee the identity of any customers or ensure that a customer will complete a Transaction;

2.  Fastentix shall not be a party to any dispute including but not limited to disputes over performance and liability issues relating to the delivery, quality, quantity or use of the FastBuyer Product / Service. Fastentix may, on a case-by-case basis and at the customer’s own costs expenses, facilitate the customer to request from the FastBuyer any refund paid for the goods and/or services by the customer. The FastBuyer is responsible for knowing whether a Transaction is erroneous or suspicious, you agree to conduct all necessary acts to ensure the Transaction is genuine. Any dispute arising out between FastBuyer and the sender or the supplier of the goods or services. Any transaction that related to the FastSeller Service shall only obligate the FastBuyer.

3.  Fastentix, including its payment gateway service, only facilitate the execution of payments from FastBuyer to FastSeller. Any payment monies collected from customers and received by Fastentix shall be settled and transferred into the FastBuyer Account within a fixed timeframe on a daily, weekly, biweekly or monthly basis, as agreed by the Parties after deduction of any fees due to Fastentix including any applicable taxes and/or duties. FastBuyer agrees to be responsible for all the costs, expenses, fees and/or bank charges applicable to the settlement and transfer.

a.  FastBuyer is aware that the receipt of a payment into the FastBuyer Account does not amount to the receipt of cleared funds. FastBuyer remains liable to Fastentix for the full amount of the payment and any fees deducted therefrom if the payment is later reversed for any reason (“Reversal Amount”). In the event of a payment reversal, Fastentix is entitled to debit the FastBuyer Account with the Reversal Amount and any applicable third-party chargeback or reversal fee. If FastentixPay is unable to fully recover the Reversal Amount and/or the applicable third-party chargeback or reversal fee from the FastBuyer Account (including any monies transferred into it after the payment reversal), FastBuyer is required to repay the Reversal Amount and/or any negative balance of the FastBuyer Account by depositing funds into such FastBuyer Account to ensure that the Reversal Amount and/or any negative balance can be fully recovered by FastentixPay. Failure to do so is a breach of these Terms of Service. Repayment of the Reversal Amount and/or any negative balance is due immediately without notice. FastentixPay reserves the right to, at any time, demand repayment by FastBuyer for such amount.

b.  FastBuyer is aware that there is a risk of loss or stolen money through the Application. You agree and acknowledge that while FastentixPay will provide and suggest certain security controls, we cannot guarantee that you will never be a victim of aforementioned scenario. You are solely responsible for losses you incur from such loss or stolen money
from any fraudulent activities engaged with you. We may assist you with recovering the lost funds, but you are solely responsible for such losses due to loss or stolen money through the Application, unless such losses result from our wilful or intentional actions. Further, you will fully reimburse us for any losses we incur that result from the loss or stolen money.

c.  FastentixPay reserves the right to suspend, at any time and at its sole discretion, the FastBuyer Account in any of the following circumstances:

i.  Where FastentixPay believes it is necessary protect the security of the FastBuyer Account;

ii.  Otherwise in connection with FastentixPay’s compliance with any applicable laws and regulations.

d.  In the event that FastentixPay suspends the FastBuyer Account, FastentixPay may reinstate the same and, where necessary, provide new security details such as a password, as soon as practicable after the reason for the suspension ceases to exist.

OBLIGATIONS

a)  FastBuyer shall open and maintain a FastBuyer Account by registering as a FastBuyer with Fastentix. FastBuyer shall integrate the Services into its operations and operate the same in accordance with Fastentix’s instructions. FastBuyer shall be responsible for maintaining adequate security and control of any and all identifications, passwords, personal identification numbers (PINs), or any other codes that FastBuyer uses to access the Services.

b)  FastBuyer shall cooperate with us at FastBuyer’s cost to investigate any suspicious illegal, fraudulent or improper activity related to any transactions.

c)  FastBuyer shall follow Fastentix payment acceptance procedures by ensuring the following steps are followed:

i.  Ensure both payment confirmation page from FastBuyer page is correct.

ii.  FastBuyers shall retain any documents evidencing such receipt of the goods and/or services ordered. FastBuyer acknowledges that Fastentix shall not be liable for any defects of such goods and/or services.

iii.  FastBuyer shall not be held liable from any fraud losses and chargeback, if the transaction acceptance procedures as stipulated in Clause 3 above have been adhered by the FastBuyers.

FEES AND TAXES

a)  FastentixPay may vary the fees, or advise FastBuyer of any additional fees, applicable to these Terms of Service at any time by posting a notice on the Fastentix website or Application and/or by sending FastBuyer a notice via email or postal mail.

b)  Any applicable taxes, duties and/or fees shall be borne by FastBuyer, and FastBuyer hereby authorizes FastentixPay to deduct such taxes, duties and/or fees as required by law.

NO WARRANTY

i.  The site is provided on an as-is and as-available basis. You agree that your use of the site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of FastBuyer ability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this site and we will assume no liability or responsibility for any

i.  errors, mistakes, or inaccuracies of content and materials;

ii.  personal injury or property damage, of any nature howsoever, resulting from your access to and use of the site;

iii.  any unauthorized access to or use of our secure servers and/or any and all personal information and/or business information stored therein;

iv.  any interruption or cessation of transmission to or from the site;

v.  any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or;

vi.  any errors or exclusions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

PRIVACY

FastBuyer acknowledges that when you download, install or use the Services, FastentixPay may use automatic means (including, for example, cookies and web beacons) to collect information about FastBuyer’s device use of the Services. FastBuyer also may be required to provide certain information collected by FastentixPay through or in connection with the Services is subjected to FastentixPay’s Privacy Policy. By downloading, installing, using and providing information to or through the Services, FastBuyer consents to all actions taken by FastentixPay with respect to the FastBuyer’s information in compliance with the Privacy Policy.

FORCE MAJEURE

No failure or omission by any party to carry out its obligations or observe any of the stipulations or conditions of this Term of Service shall give rise to any claims against the party in question or be deemed a breach of this Term of Service if such failure or omission arises from a cause of force majeure, such as acts of God, war or warlike hostilities, civil commotion, riots, blockades, embargoes, sabotage, strikes, lockouts, shortage of material or labour, delay in deliveries from subcontractors or machine failure caused by force majeure, or any other event outside the control of the party in question.

The Party affected shall as soon as possible notify the other Party in writing of the commencement and (if applicable) end of said circumstances.

RELATIONSHIP OF THE PARTIES

This Term of Service or anything herein contained shall not be construed as creating a partnership or joint venture. Each party will be responsible only for its obligations under this Term of Service and neither party shall be authorised to represent or bind the other to thir d parties.

GOVERNING LAW AND COMPLIANCE

a)  This Term of Service shall be governed by and construed in all aspects in accordance with the laws of Malaysia and any kind howsoever arising issues between the Parties under these Terms of Service shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre in Kuala Lumpur, Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre and the parties hereto irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.

b)  The parties hereto each undertakes to comply with all laws and regulations as may be applicable to the performance of its obligations under this Term of Service.

PARTIAL INVALIDITY

In the event of the invalidity of any part or provision of these Terms of Service such invalidity must not affect the enforceability of any other part or provision of these Terms of Service.

CONTACTING US

In order to resolve a complaint regarding the Site or to receive further information and feedback regarding use of the Site, please contact us:

a)  Email: support@fastentix.com

b)  Phone number: +6017 694 4730

c)  Thru feedback form within the App.

For legal notices, please send all legal notices to legal.my@fastentix.com and attention it to the “General Counsel”.

We are committed to addressing any issues promptly and transparently.

Fastentix Privacy Policy

FASTENTIX, operated by BLYON FASTENTIX GROUP BERHAD, acknowledges its responsibility to safeguard your Personal Data and comply with Applicable Law. This page elucidates our policies concerning the collection, usage, and disclosure of personal data when utilizing our Service, along with the options available to you concerning that data. We are dedicated to appropriately managing, safeguarding, and processing your Personal Data in accordance with this Policy, which extends to all Personal Data obtained from you through our Platforms.

Please read and review this Policy, which will inform you how we collect, use, process and disclose your Personal Data. We may also collect and process your Personal Data under any exceptions to Applicable Laws, which are not set out in this Policy. We trust that it will assist you in making an informed decision whether to provide us with any of your Personal Data.

For the purposes of understanding FASTENTIX’s Personal Data Protection Policy (“Policy”), capitalized terms used in this Policy shall have the following meanings:

•  “Applicable Laws” means Malaysia’s Personal Data Protection Act 2010 and its subsidiary legislations and regulations as amended from time to time;

•  “Apps” means our FASTENTIX mobile app on iOS and Android;

•  “Personal Data” means any data, whether true or not, which is (a) about an individual who can be identified (i) from that data; or (ii) from that data and other information to which we have or are likely to have access and would include data in our records as may be updated from time to time, or (b) defined as “personal data” or “personal information” under any applicable Data Protection Laws.

•  “Platforms” means collectively Fastentix’s Apps, Social Media and Website, and any other websites or applications which we may own or operate from time to time;

•  “Social Media” means FASTENTIX’s pages and accounts on third party social media platforms such as Instagram, Facebook, Twitter;

•  “Website” means the FASTENTIX’S website accessed at the following address at www.fastentix.com; and

•  “FASTENTIX, we, us, or our” means Blyon Group Berhad.

During your use of our service, we may collect Personal Data from you. Examples of the types of Personal Data we may collect include your name, contact details, mailing and delivery addresses, email address, birthday, network and device data, your shopping or browsing behaviors, facial image, voice recording (for customer service calls) and any other personally identifiable information which you have provided us in any forms you may have submitted to us, or in the course of any other forms of interaction between you and us.

If you provide us with Personal Data relating to a third party by submitting such Personal Data to us, you represent to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes.

By (1) clicking “Yes” on our Policy pop-up or any web form referring to this Policy on any of our online platforms, (2) submitting your Personal Data to us when signing up for an account on the Website, (3) browsing our website, or (4) ordering any of our products and services, you are agreeing to the terms of this Policy.

We may update this Policy to ensure that it is consistent with industry trends and/or any changes in legal or regulatory requirements. You agree to be bound by the prevailing terms of the Policy as updated from time to time. We will endeavor to notify you by email or by notice on the Website of any material changes to the Policy.

HOW DO WE COLLECT YOUR PERSONAL DATA ?

We may collect your Personal Data upon:

a.  Your registration or opening an account with us on the Website or the Apps;

b.  Your used in any of our related services, such as subscribing to our newsletter, product notifications;

c.  Browsing our products and services or otherwise interact with our Website and Apps;

d.  Accept our cookies on your device;

e.  You interact with our Customer Service Team or other company representatives, for example, via our webform, emails, telephone calls, letters, or face-to-face meetings;

f.  You interact with us on our Social Media platforms, such as liking our posts, commenting on our posts, private messaging us on our Social Media platforms;

g.  Your participation in our contests, promotions, lucky draws, initiatives or any request for additional Personal Data such as customer surveys;

h.  We receive references from business partners and third parties, for example, where they referred you to us to enjoy the benefits of a joint promotion or collaboration;

i.  You authorized our Company representative submits your Personal Data to us for any purpose reasonably authorized by you, for example if such representative is purchasing our product or service to be delivered to you or as a gift;

j.  Our third-party analytics and other service providers provide your Personal Data to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or

k.  When you voluntarily submit your Personal Data to us for any reason.

We normally do not obtain your credit card details, whether to process your payment or for customer service purposes. Your credit card details are obtained, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies. None of your credit card details are stored with us. However, we may collect your bank account details to process refunds.

Please also take note of our Cookies Policy below in respect of the data collected and used by third-party cookies and trackers on our Website and Apps.

We may also collect your Personal Data in circumstances where such collection does not require consent under Applicable Laws.

Please ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure to do so may result in our inability to provide you with the products and services you have requested.

HOW WILL YOUR PERSONAL DATA BE USED ?

We may use and disclose your Personal Data for purposes necessary to provide you with our products as services, including to:

a.  register and maintain your user account and to verify your identity or age;

b.  process your order for our products or services, process or collect your payment for the order;

c.  deliver or perform the products or services you purchased, including our couriers calling or messaging you to obtain your delivery instructions;

d.  process your returns or refunds in accordance with our Terms of Service;

e.  provide you with supporting services and functions related to your user account, such as saved items in cart, wish list, brand or product notifications;

f.  communicate with you in relation to (i) your queries, requests and feedback, (ii) material changes to our Website or Apps Terms of Service, Policy or other terms and conditions, and (iii) matters relating to the operation of your account;

g.  personalize and improve your customer experience when you visit the Website and the Apps, for example by prioritizing products and services appearing in your search results or feed;

h.  monitor and enforce compliance with our Terms of Service, including dispute resolution;

i.  comply with (i) internal risk controls, (ii) the terms of our access to payment processing, financial or banking services such as credit card disputes, fraud, billing errors, or (iii) any applicable law; and

j.  ensure our Website and Apps function properly and to improve their performance, by carrying out activities such as debugging, statistical analyses for optimizing our Website and Apps.

(collectively, the “Purposes”)

In addition, we may use and disclose your Personal Data for the following purposes, to:

a.  send you marketing communications in relation to our sales, products, services, promotions or the Platforms;

b.  send you marketing communications in relation to the sales, products, services or promotions of business partners, including promotional mail together with your order;

c.  deliver ads which are related to our products and services which may be of interest to you on the Platforms or other websites, apps or online platforms;

d.  enable businesses to deliver ads which are related to their products and services which may be of interest to you;

e.  provide you with our add-on or premium services such as FASTENTIX NOW;

f.  invite you to our private customer events;

g.  process your participation in our promotions, lucky draws, initiatives or any request for additional Personal Data such as customer surveys;

h.  process your participation in our business partners’ loyalty or point redemption programs;

i.  conduct market and customer research, analysis or tracking;

j.  promote our products and services on our Platforms;

k.  manage the administrative and business operations of FASTENTIX and complying with internal policies and procedures;

l.  improve your customer experience across all touchpoints and training our customer experience team, such as by recording and monitoring phone calls; and

m.  any specific purpose in relation to a particular product or service, which we may separately notify you on the product or service page;

(collectively, the “Additional Purposes”)

We may also use your Personal Data (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, the Additional Purposes; or (b) in circumstances where such use does not require consent under Applicable Laws.

Note: If you withdraw your consent for us to use and process your Personal Data the Purposes or the Additional Purposes, we may no longer be able to provide you with the related products, services or benefits associated with our promotion.

WHO WILL YOUR PERSONAL DATA BE SHARED WITH?

In relation to our use of your Personal Data for the Purposes or Additional Purposes, we may disclose your Personal Data to our:

a.  employees, consultants, temporary workers;

b.  FASTENTIX Marketplace sellers, who supply and deliver the products or services you ordered through the Website or Apps;

c.  payment processors, who process your payment on the Website and the Apps;

d.  logistics providers, such as courier services which will deliver your order to you;

e.  business partners who separately maintain an account with you for loyalty or point redemption programs;

f.  business partners or vendors in connection with the processing of any promotion, event or service organised by us;

g.  professional advisers and consultants;

h.  agents, contractors or service providers who provide operational services to us, such as online cloud storage and processing, marketing optimization, information technology, telecommunications, security or other relevant services which requires their collection, use or disclosure of your Personal Data; and

i.  any other party whom you authorize us to disclose your Personal Data to.

We may also disclose your Personal Data (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, the Additional Purposes; or (b) in circumstances where such disclosure does not require consent under the Applicable Laws.

We do our best to minimize the disclosure of your Personal Data to the information necessary to perform the related Purpose or Additional Purpose.

HOW CAN I ACCESS OR CORRECT MY PERSONAL DATA?

You may access or correct your name, e-mail address, birthday, shipping and billing addresses and contact numbers by logging in to your user account on the Website or Apps under “Account Information” and clicking the “Edit” button under each relevant field.

For Personal Data that cannot be corrected by you by logging in to your user account on the Website or Apps, you may request to access and correct such Personal Data by submitting a written request to us via our customer service at support@fastentix.com. We may need to request additional information from you to confirm your identity before providing the access or making the correction.

We will do our best to respond to Personal Data access and correction requests within 21 days from the date of receipt of the requests. Where we are unable to meet this timeline, we will update you with the soonest possible time within which we can provide the information or make the correction. Please note that certain types of Personal Data access and correction requests may be exempt under Applicable Laws.

Note that we may charge you a reasonable fee for the handling and processing of your Personal Data access request.

We will send your corrected Personal Data to every other person or entity to which such Personal Data was disclosed by FASTENTIX within the year OR twelve (12) months before the date of the correction, unless such person or entity does not need the corrected Personal Data for any legal or business purpose or unless we reasonably believe that the other person or entity has ceased using such Personal Data for the purpose for which such disclosure was made.

REQUEST TO WITHDRAW CONSENT

If you wish to withdraw your consent for us to send you sales, marketing or promotional information, please inform us as follows:

a.  to withdraw consent from receiving SMS promotions: please unsubscribe by following the steps provided in the promotional SMS;

•  to withdraw consent from promotional emails: please click on the Unsubscribe link in the promotional emails;

•  to withdraw consent from receiving promotional material with your order package: please email our Data Protection Officer at the email address provided below.

Once we receive notification that you wish to withdraw your consent for receiving marketing or promotional materials or communications, it may take up to thirty (30) days for your withdrawal to be reflected in our systems. Therefore, you may still receive marketing or promotional materials or communications during this period.

If you withdraw your consent to receive marketing or promotional materials through a specific communication mode (e.g. SMS), we may still contact you for other purposes in relation to the products and services via other communication modes you have subscribed to (e.g. email).

You may withdraw your consent for the collection, use and/or disclosure of any of your Personal Data in our possession or under our control by submitting a written request via email to support@fastentix.com. Note that, depending on the nature of the consent withdrawal, we may not be able to continue to provide you with some or all of our products or services. We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent. Once the processing is complete, we will no longer collect, use and/or disclose your Personal Data, except to the extent we retain your Personal Data for compliance, regulatory or other legal purposes.

ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA

We will make reasonable efforts to ensure Personal Data likely to be used by us or disclosed by us to another organization is accurate and complete. However, you should update us of any changes in your Personal Data. We will not be responsible for relying on inaccurate or incomplete Personal Data if you have not updated us of changes.

We will also put in place reasonable security arrangements to ensure that your Personal Data is adequately protected and secured. This includes putting in place reasonable measures to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage or alteration of your Personal Data. However, we will not be responsible for any unauthorized use of Personal Data by third parties which is attributable to factors beyond our control.

When Personal Data in our possession is (i) no longer required for any reason connected to the purpose it was originally collected or (ii) retention by us is no longer necessary for any other legal or business purposes, we will exercise measures to ensure such Personal Data is destroyed, permanently deleted or anonymized.

If Personal Data is transferred out of Malaysia, we will comply with Applicable Laws in doing so. This includes: (i) obtaining your consent, unless an exception exists under Applicable Laws or any other laws, and (ii) taking reasonable steps to ascertain whether the foreign recipient of the Personal Data is bound to comply with standards of protection that are at least comparable to the Applicable Laws.

THIRD PARTY COOKIES

FASTENTIX uses the services of third-party vendors, who may implement cookies on the Website. Advertisements on the Website may be provided by third party agencies. These advertisements may also generate cookies, for example, to track how many people have viewed the advertisement. The collection, use, and disclosure of information, including Personal Data, collected by such third-party cookies are subject to the privacy and data protections policies of the third-party vendors and are not under our control.

You may reject third party cookies through the settings on your browser. Note that this may result in the loss of Website functionality, restrict your use of the Website, or delay or affect the way in which the Website operates.

CONTACTING US

For any inquiries relating to your Personal Data or about this Policy, if you have a complaint regarding the collection, use or handling of your Personal Data by us, or a question about how we are complying with Applicable Laws, you may contact our Customer Service via one of the following methods:

•  Email address: support@fastentix.com

Attention to the ‘Customer Service Officer’.

•  Blyon Group Berhad Office address: No 13 & 13A, Jalan P4/8B, Bandar Teknologi Kajang, 43700 Semenyih, Selangor.
Attention to the ‘Customer Service Officer’.

Emails and letters should clearly state that you are making a data protection query, request or complaint in the subject line to ensure the matter is dealt with expediently. We will strive to deal with any query, request or complaint promptly and fairly.

GOVERNING LAW

This Policy and your use of this Website shall be governed in all respects by the laws of Malaysia.

UPDATES ON DATA PROTECTION POLICY

As part of our efforts to ensure that we properly manage, protect and process your Personal Data, we will be reviewing our policies, procedures and processes from time to time. In this regard, FASTENTIX may update this Policy to ensure that it is consistent with industry trends and any changes in legal or regulatory requirements. We reserve the right to amend the terms of this Policy at our absolute discretion.

Subject to your rights at law, you agree to be bound by the prevailing terms of the Policy as updated from time to time on our Website. Any amended Policy will be posted on our website and can be viewed at http://www.fastentix.com/FastentixPrivacyPolicy. By continuing to use our Platforms and/or services after the Policy has been amended, you hereby agree to be bound by the terms of such amended Policy.

You are encouraged to visit the above Website from time to time to ensure that you are well-informed of our latest policies in relation to Personal Data protection.

Fastentix Return and Refund Policy

(Subject to the Return & Refund Policy shall be read with Fastentix Terms of Service and FastFASTSELLER Term of Service)

FASTENTIX shall use our best endeavors to ensure that our customers are completely satisfied with their purchases and correctly fulfilled. In the event of any discrepancy of the products delivered and the customer wishes for return and refund, please notify us by completing and submitting the online form which requires an Order number, photo of damaged item as proof of damage and the reason for refunds or exchanges posted through FASTENTIX Apps within 24 hours upon receiving the products. We will contact the customer within three (3) business hours after receipt of the completed form online to direct the customer of the procedures in respect of the return of products and refund. To exchange an item, please let us know the item you like to have in exchange. The customer is advised to wait for our instruction for the next course of action. In the event the customer does not receive any reply from us after the aforesaid period, please contact us either by email at support@fastentix.com or through Customer Service hotline at 0125479447 from Monday to Friday (0830 - 1730) for enquiries.

SECTION A: REFUND UPON CANCELLATION

Refund to the FastSELLER can only be made based on the table below:

No Mechanism Classification Action
1 Cancellation by FastBUYER

For all products, there is a 10% cancellation fee. The cancellation fee shall be deducted from the amount of original payment to pay the seller’s commitment and the platform service provider. Whereas, there will be deducted a 2% from the refund amount to pay processing bank fee.

a)  Product is Pending for Payment
A FastBUYER may cancel their purchases without notify their FastSELLER at any time at “To Pay” status on the Fastentix Apps.

b)  After Product Has Been Packed
Once the product has been packed, where the status on the Fastentix Apps is described as "To Pack”, the cancellation request is allowed with no penalty charges incurred.

c)  During Arrangement for Delivery
Upon an arrangement for the product delivery, where the status on the Fastentix Apps is described as "To Ship”, any cancellation request will incurred a penalty fees.

d)  After Delivery of Product
Once a product has been shipped out, the status for the purchasement on the Fastentix Apps shall be changed to "To Receive", at this point the order can no longer be cancelled and any cancellation request is not allowed. Any request for return and exchange or refund will need to be made via the return process as set out in the next section of this Policy.

Care of Products

Where a FastBUYER is not within time to effect cancellation of an order or purchasement for a product during the periods set out in Section A.1(a), Section A.1(b), and Section A.1(c), and the product is subsequently delivered, the FastBUYER must not use the product and shall take all such care so as to ensure that no damage occurs to the product. In the event of any damage caused to the product, the FastBUYER will need to bear the costs for any consumption of, wear and tear or damage caused to the product.

2 Cancellation by
FastSELLER

A FastSELLER may cancel an order where there is inadequate stock to fulfill such an order, where there will be unreasonable delay in sourcing of the products or where the product has been wrongly advertised or priced. In such instance, the FastBUYER:

a)  will be notified of the cancellation via the Fastentix Apps and email

b)  shall be entitled to a full refund of the purchase price paid including shipping fees where applicable

FastSELLERS are advised to read this policy together with the FastSELLER Term of Service with regard to the grounds when a FastSELLER may reasonably cancel an order.
Repeated cancellations or unable to comply for SDD without proper cause or justification, the Company may impose such red flag penalties to selected FastSELLER as provided in under the FastSELLER Term of Service.

3 Cancellation by Fastentix

The Company reserves the right to cancel any order or
transaction where the Company deems it necessary to:

a)  ensure compliance with the law;

b) protect the interests of the Company, FastSELLER, FastBUYER and/or any relevant third party; and/or

c)  such other reasons as the Company deems appropriate.

The Company may commence refund procedures without any request made by the FastBUYER, and both the FastBUYER and FastSELLER shall be notified of the cancellation in writing.

SECTION B: ELIGIBILITY FOR RETURN, REFUND & EXCHANGE

No Requirements Classification Applicable condition
1 Eligibility for refund or exchange

A FastBUYER shall be entitled to a refund or exchange for a Defective or Non-Conformity Product

a) Product is defective

A product is proving as defective if it:

i.  is unfit for its intended use;

ii.  not fit to be consumed;

iii.  has a defective design;

iv.  has been defectively assembled or manufactured; and/or

v.  is dangerous or harmful for normal use

b) Product does not comply with description/criteria

A refund or exchange is allowed if the delivered product:

i.  is a different or the wrong product;

ii.  has different specifications from that advertised or ordered, such as different function, wrong colour or size;

iii.  has missing parts; and/or

iv.  is missing items promised (such as free gifts).

A FastSELLER may reject any request for returns or exchanges in any of the following cases:

a)  the product delivered is damaged due to a cause attributable to the FastBUYER;

b)  the value of the product has been significantly reduced due to the use or partial consumption thereof by the FastBUYER;

c)  the value of the product has been significantly reduced to the extent that such product is not in a fit condition to be resold;

d)  the packaging of a product is damaged;

e)  There are other reasonable grounds on which the FastBUYER may not be entitled to request for refund or exchange, as may be decided by the Company

2 Non-Returnable/Non-Exchangeable
Products

No request by a FastBUYER for refund or exchange of a product in the following categories:

i.  Earphones or earbuds;

ii.  Lingerie, underwear or other intimate apparel;

iii.  Swimsuits;

iv.  Beauty products and cosmetics;

v.  Customized products;

vi.  Electronic vouchers (if any) for goods and services (vouchers downloadable immediately upon payment of purchase price);

vii.  Compact discs (CD) and Digital Video Discs (DVD);

viii.  Pharmaceutical products; and

ix.  Perishable foods.

Please note the following exceptions:

a)  Only for returnable items, returns are only applicable for returnable items, if only if the product is in its original packaging with tags, unopened and unused.

3 Return, Refund, and Exchange Reasons

By submitting a request, the FastBUYER can seek appropriate and fair resolution to ensure their satisfaction with their purchases. Various reasons are provided that may fit their condition.

i.  Wrong item received

ii.  Counterfeit product

iii.  Fit/Size/Variation issues

iv.  Change of Mind

v.  Faulty Product

vi.  Item defects or damages

vii.  Expired product

viii.  Product not delivered

ix.  Missing quantity

x.  Empty/Suspicious product

Exceptional Circumstances

a)  It is strictly not permitted for any refund due to “Change of mind” reason. Only return and exchange is applicable for such reasons and upon approval from the FastSELLER.

b)  The Company and/or Operation Team has no obligation to force the FastSELLER to accept any request made due to “Change of mind” reason. It is solely at the discretion of the FastSELLER.

Please note the following exception:

a)  Only certain items and/or product is applicable for “expired product”, such as personalized or custom-made items, perishable goods, and intimate apparel, due to hygiene or customization reasons. Such item and/or product including:

i.  Foods and beverages

ii.  Pharmaceuticals products

iii.  Cosmetics and skincare

iv.  Baby and infant products;- formula, baby food, diapers

v.  Pet supplies;- pet foods, medications, and grooming products

vi.  Household chemicals

vii.  Medical devices

SECTION C: PROCESS FOR RETURNS, REFUNDS AND EXCHANGES

No Requirements Flow Outline Action
1 Standard Process

Unless otherwise specifically provided under this Policy or the FastSELLER Term of Service, the process for refund or exchange of products shall be as follows:

a)  the FastBUYER submits request for refund or exchange of product (Return and Refund or Exchange) through FASTENTIX Apps;

b)  the FastSELLER will receive notification from FastBUYER for acknowledgement on the request;

c)  the Fastentix Operation Team must attend towards request within three (3) hours from the request timestamp;

d)  the FastSELLER must respond and provide full commitment through out the proces;

e)  the FastBUYER returns the product to the FastSELLER; (if any)

f)  the FastSELLER shall assess and review the product returned; (if any)

g)  based on the condition of the product returned, the FastSELLER may raise a dispute upon the request shall any dissatisfactory on the returned item and intended to reject the request for refund or exchange of the product;

h)  the FastSELLER must deliver and/or ship out the new product and/or item to the FastBUYER upon approved return and exchange request; (if any)

i)  the system will immediately initiated the refund upon approved return and refund request; (if any)

j)  The CFO will be notified on the refund for the financial assessment and reports; (if any)

Any agreement and/or deal between FastBUYER and FastSELLER that occurs outside the Fastentix App absolves the Company of responsibility for any risks and losses incurred by either party. It is at their own risks to engage in such actions.

2 Submission of Request

a)  At first occurrence, FastBUYER shall submit their request for return and refund or exchange directly via Fastentix Apps within 24 hours upon product delivered.

b)  The FastBUYER is compulsory to submit all evidence to support the request through the channel above. The evidence shall include such information as pictorial proof (packaging/item damages, photo of all items received), video if any of the damaged/broken item purchased or incomplete order and such other information that will be necessary for the processing of such request.

c)  The processing of the request might be delayed in the event of the FastBUYER does not wish to provide any evidence, or where the FastBUYER provides insufficient evidence to support the request.

The FastSELLER and/or the Company shall have no legal obligation to entertain or attend any request if the FastBUYER is unable and/or refuses to provide evidence to support the request.

This policy is only valid for any communication regarding the request made within the apps and through the Fastentix Operation Team. 

3 Time Restriction for Request Submission

A FastBUYER must submit the request within the time limits set out as followed:

Status and Type of Product Time Interval Applicable
a) Product Successfully Delivered
i.  for products that fall under discount, sale promotion, and other special promotions as declared by the Company Within 24 hours or one (1) day from the Received Date
ii.  all other Products Within 24 hours or one (1) day from the Received Date
b) Product Not Delivered
After 14 business days or two (2) weeks from the Payment Date

For the purpose of this Section C.3 and this Policy:

1.  "Payment Date" shall refer to the date of payment was made for the purchases;

2.  "Received Date" shall refer to the date of completion of the sale after product been delivered and purchase transaction of a product as recorded and stated on the Fastentix Apps.

The FastSELLER and/or Company shall have no legal obligation to entertain any request where the request is submitted beyond the time periods stated in Section C.3.

4 Raise a Dispute from the FastBUYER or FastSELLER

a)  Upon notification of the request, the PIC of the Operation Team shall contact the FastBUYER and/or FastSELLER within 3 hours from the request timestamp, and the:

i.  FastBUYER shall respond towards PIC of the Operation Team within 24 hours;

iii.  FastSELLER shall respond towards PIC of the Operation Team within 48 hours;

b)  Any dissatisfactory and inteded to reject the request, either both parties may raise a dispute to decline the proposed solution to the Operation Team.

c)  If either both parties declines the request and/or resolution method, they must provide the PIC of the Operation Team with all required documents and/or strong evidence to support such rejection. This allows the Operation Team to justify the dispute.

d)  Any rejection by the FastBUYER and/or FastSELLER shall nonetheless be subject to the FastBUYER and/or FastSELLER Term of Service, and the Company may override the FastBUYER and/or FastSELLER's decision if it deems that the FastBUYER and/or FastSELLER's rejection is unreasonable.

The Company shall have no legal obligation to entertain any request where the request is submitted beyond the response time stated in Section C.4.

5 Category of Refund Request by FastBUYER to FastSELLER

Upon confirmation of request acceptance for refund or exchange pursuant to Section C.4 above, the involved parties shall, within 24 hours, arrange for the return of the product delivered using both SDD and/or courier service provider as follows:

a)  Non-Receive Product Claim

A non-receive claim is issued against the FastSeller when FastBuyer did not receive the item. In such cases, FastBuyer shall need to provide any conversation proof or any screen capture of purchased detail while they raise this case.

On the other hand, FastSeller is advised to provide proof as per below to allow Fastentix to check with the courier service provider on the current tracking status:

•  Formal shipping proof (i.e. delivery receipt and tracking number if any).

•  Photo of the parcel package / information, including information of delivery company, tracking number, FastSeller’s and FastBuyer’s name, contact number and shipping address.

•  Chat history or any other evidence showing prior negotiation

b)  Product Defective or Not Conformity with Specifications

FastBUYER shall provide required evidence that is need to support the claims:

•  Pictorial proof (Packaging box damages, physical item damages, consignment note of item received, picture of all item received in the parcel)

•  Video proof (Malfunction item)

•  Chat history or any other evidence showing prior negotiation with the FastSeller

•  FastSeller agrees with the return request but did not receive the product(s)

The FastSELLER requires to arrange for pick-up or ship out the pwqroduct from the FastBUYER at FastSELLER's own cost and expense (unless FastSELLER waives the requirement for the Product to be returned for the FastBUYER to claim for refund or exchange).

c)  Unsuccessful Return to FastSELLER

If a delivery of the returned product to the FastSELLER is failed due to reasons that include but is not limited to incomplete/incorrect address or loss of contact with the FastSELLER, Fastentix may:

i.  upon request by the FastBUYER, pick up or deliver the returned product from the FastBUYER within three (3) business days of the FastBUYER's request; or

ii.  request the FastBUYER to send the returned product to the FastSELLER’s warehouse.

Where the FastSELLER remains uncontactable within Fourteen (14) business days of the product pick-up or return to the warehouse, the Company shall be entitled to permanently dispose of the product with all costs for pick-up and disposal to be borne by the FastSELLER.

The FastSELLER and/or the Company shall have no legal obligation to entertain any request where the FastBUYER fails to return the Product.








Where attempts to reach the FastBUYER regarding the return of the product remain unsuccessful more than fourteen (14) days from the date on which the FastBUYER submitted the request, the FastBUYER shall be deemed to have withdrawn its request and the Company may take all such necessary action, including releasing any deferred settlement amount to the system.

6 Review of Returned Product

a)  FastSELLER Review and Assessment

Upon receipt of the returned product from the FastBUYER, within 24 hours, the FastSELLER shall review and check the same to assess whether it is in an acceptable and saleable condition for refund or exchange. The FastSELLER is entitled to reject the refund or exchange of a product that:

i.  has been consumed or is showing excessive wear and tear for the period of use;

ii.  has been used in a manner not fit for its purpose;

iii.  has torn or dirty packaging; and/or

iv.  is no longer in working condition.

b)  Delay of Decision by FastSELLER

The FastSELLER may delay the decision on the return or exchange of a product in the event that:

i.  the delivery fee for returning the product is still owing by the FastBUYER (where FastBUYER is liable for such fee) to the Company and/or third party (as the case may be); and/or

ii.  any free gift included with the Product has still not been returned by the FastBUYER;

Provided always that the FastSELLER shall update the Operation Team on the delay and to provide a timeline within which the FastSELLER's decision on the request by the FastBUYER for the said return or exchange of the product will be submitted. The Company reserves the right to take any such action necessary to address and resolve the FastBUYER's claim if the timeline stated by the FastSELLER is, in the Company's view, unreasonable.

7 Final Decision on Refund or Exchange

Once the assessment and review of the Product is completed pursuant to Section C.7, the FastSELLER shall provide a final decision to the Operation Team which either agreed or to dispute the request to exchange or refund of the product no later than 48 hours from the receipt of the returned product from the FastBUYER pursuant to Section C.5 above or by any revised timeline pursuant to Section C.6(b).

In the case of:

a)  agreed on exchange of the product, the FastSELLER shall deliver the new product to the FastBUYER promptly;

b)  agreed on refund of the product, the system shall refund the purchase price to the FastBUYER, which shall be carried out by the Company deducting the purchase price from the FastSELLER's deferred settlement amount or such other method as the Company deems fit.

Any decisions are solely at the discretion of the Operation Team.

8 Automatic Acceptance for Non-Response by FastBUYER or FastSELLER

In the event that:

i.  the FastBUYER and/or FastSELLER does not respond to the Operation Team towards refund or exchange of product (prior to return of product to the FastSELLER) within the period set out in Section C.4 above; or

ii.  where the FastSELLER does not raise any dispute to against the FastBUYER’s request to refund or exchange of a product within the period set out in Section C.7 above;

It shall be deemed that any decision make by the Operation Team has been accepted and the Company will immediately proceed with the refund or exchange process.

9 Costs for Return of Products

The costs for the return of Products shall be borne as follows:

i.  Defective/Non-Compliant Product

Where a product is returned due to:

a)  the product being defective; and/or

b)  the product is not complying with description or criteria on the product page, the FastSELLER shall bear the costs for such return.

10 Method of Refund

The payment of refunds ("refund amount") under this policy shall be effected as follows:

Type of Payment Method of Refund
a) Credit Card Credit card transaction shall be cancelled and refund amount is excluding 2% of checkout payment shall be transferred to the FastentixWallet.
b) Online Banking Refund amount is excluding RM2.00 of checkout payment shall be transferred into the FastentixWallet.
c) E-Wallet
(Touch&Go, Boost, GrabPay)
Refund amount shall be creditted into FastentixWallet
d) FastentixWallet Refund amount shall be creditted into FastentixWallet

The methods of refund stated in this Section C.10 shall be subject to such further rules and processes as might be imposed by the Company from time to time.

11 Partial Refund

i.  Circumstances Where Partial Refund May be Allowed

Where:-

a)  a FastBUYER purchases several products in one order or single receipt, but the FastSELLER has failed to deliver the products in full resulting in one or more products is not being included in the delivery; or

b)  FastSELLER delivers a products to a FastBUYER with missing items or parts; or

c)  a FastSELLER delivers a products to a FastBUYER with a missing free gift despite advertising the same on the products page, the FastBUYER may optional for a partial refund in respect of such non-delivered products or missing items.

ii.  Refund in respect of the non-delivered products or missing items as well as the return shipping fee in respect of the same (if applicable) shall be deducted from the settlement amount.

Fastentix Terms of Service

1.  INTRODUCTION

1.1.  Welcome to the Fastentix platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Blyon Group Berhad 202001040667 (1396988-M) ("Account") so that you are aware of your legal rights and obligations with respect to Blyon Group Berhad (Company Registration No. 202001040667 (1396988-M) and its affiliates and subsidiaries (individually and collectively, "Fastentix", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Fastentix 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 Fastentix.

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 Fastentix 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. Fastentix is not involved in the transaction between Users. Fastentix may or may not pre-screen Users or the Content or information provided by Users. Fastentix reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Fastentix 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.  Fastentix 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. Fastentix 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. Fastentix 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.  Fastentix 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 FASTENTIX 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 Fastentix. To better protect your rights we have provided the Fastentix.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Fastentix 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 Fastentix's collection, use, disclosure and/or processing of your content, 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 Fastentix; 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 Fastentix’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.  Fastentix 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 Fastentix and where applicable, third party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2.  You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Fastentix. You acknowledge that Fastentix 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. Fastentix reserves all rights to the software not expressly granted by Fastentix 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 Fastentix.

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 Fastentix, in its sole discretion, finds offensive or inappropriate, Fastentix has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Fastentix has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2.  You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Fastentix 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. Fastentix will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3.  You agree that Fastentix may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Fastentix deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive 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 from the same Seller or related group of Sellers, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site), or (g) behaviour that is harmful to other Users, third parties, or the business interests of Fastentix. 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, Fastentix may terminate your Account immediately with or without notice.

5.4.  Users may terminate their Account if they notify Fastentix in writing (including via email at support@fastentix.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 Fastentix after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Fastentix 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 Fastentix.

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

6.  TERM OF USE

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

6.2.  You agree not to:

(a)  upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b)  violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;

(c)  upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;

(d)  use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(e)  forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(f)  remove any proprietary notices from the Site;

(g)  cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Fastentix;

(h)  use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;

(i)  use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(j)  open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;

(k)  access the Fastentix platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;

(l)  manipulate the price of any item or interfere with other User's listings;

(m)  take any action that may undermine the feedback or ratings systems;

(n)  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 Fastentix with respect to the Services and/or data transmitted, processed or stored by Fastentix;

(o)  harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

(p)  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);

(q)  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;

(r)  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;

(s)  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;

(t)  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;

(u)  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;

(v)  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;

(w)  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;

(x)  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;

(y)  use the Services to violate the privacy of others or to "stalk" or otherwise harass another;

(z)  infringe the rights of Fastentix, including any intellectual property rights and any passing off of the same thereof;

(aa)  use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

(bb)  list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

6.3.  You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Fastentix, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Fastentix be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

6.4.  You acknowledge that Fastentix and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site. Without limiting the foregoing, Fastentix and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Fastentix or submitted to Fastentix, including, without limitation, information in Fastentix Forums and in all other parts of the Site.

6.5.  You acknowledge, consent to and agree that Fastentix may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Fastentix or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Fastentix, its Users and/or the public.

7.  VIOLATION OF OUR TERMS OF SERVICE

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

•  Listing deletion

•  Limits placed on Account privileges

•  Account suspension and subsequent termination

•  Criminal charges

•  Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2.  If you believe a User on our Site is violating these Terms of Service, please contact support@fastentix.my

8.  REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1.  The Users are independent individuals or businesses and they are not associated with Fastentix in any way. Fastentix is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.

8.2.  If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to support@Fastentix.com.my and copy legal@fastentix.com and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Fastentix will respond to your complaint as soon as practicable.

8.3.  Complaints under this Section 8 must be provided in the form prescribed by Fastentix, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow Fastentix to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint.

9.  PURCHASE AND PAYMENT

9.1.  Fastentix supports 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.  Same Day Delivery (SDD)
Fastentix provides SDD services in our ecosystem. Buyers are able to select their preference time frame delivery within 25 km radius nearby upon their receipt of the purchased item.

iii.  Online Banking
Buyer may make payments through an internet bank transfer to our designated Fastentix Guarantee Account (as defined in Section 11). If payment confirmation is not received by Fastentix within three (3) days, Buyer’s order will be cancelled.

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

9.3.  Fastentix takes no responsibility and assume 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.

9.4.  At the moment, Fastentix is only able to make payment to Users via bank transfer or FastentixPay e-wallet. Hence, Users shall indicate their preferred mode of refunds to Fastentix and if the user choose to refund via bank transfer, the user is required to provide Fastentix with his/her banking details in order to receive payments i.e. from the sale of item or refund from Fastentix.

10.  FASTENTIX WALLET

10.1.  Fastentix Wallet is a service provided by Fastentix or its authorised agent to facilitate the storage of money you receive from your sales proceeds and refunds for purchases made via bank transfer, cash payment or your Fastentix Wallet. The sum of this money, minus any withdrawals, will be reflected as your Fastentix Wallet balance.

10.2.  You may transfer funds from your Fastentix Wallet (up to the amount of your Fastentix Wallet balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. Fastentix may also automatically transfer funds from your Fastentix Wallet to your Linked Account on a regular basis, as determined by Fastentix. Fastentix shall only process such transfers on business days and such transfers may take up to two business days to be credited to your Linked Account.

10.3.  Each User is entitled to a maximum number of three (3) free Withdrawal Requests per week. Fastentix may impose a fee of RM0.11 for each additional Withdrawal Request made in excess of such maximum number in a given week (“Withdrawal Fee”). The Withdrawal Fee is subjected to Sales and Service Tax (“SST”). The maximum number of free Withdrawal Requests each User is entitled to and the amount of Withdrawal Fees charged are subject to change at Fastentix’s discretion.

10.4.  Money from your sale of items on Fastentix shall be credited to your Fastentix Wallet within three (3) days after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item. Money from refunds of items on Fastentix shall be credited to your Fastentix Wallet within one (1) day of the return or refund request being approved.

10.5.  Once submitted, you may not modify or cancel a Withdrawal Request.

10.6.  If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us (“Alternative Account”) or to deduct the debit and applicable fees from your Fastentix Wallet balance in the future. If we are unable to credit your Alternative Account, for any reason, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.

10.7.  You authorize us to initiate debit or credit entries to your Fastentix Wallet

i)  to correct any errors in the processing of any transaction;

ii)  where Fastentix has determined that you have engaged in fraudulent or suspicious activity and/or transactions;

iii)  in connection with any lost, damaged or incorrect items;

iv)  in connection with any rewards or rebates;

v)  in connection with any uncharged fees;

vi)  in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;

vii)  in connection with any banned items or items that are detained by customs;

viii)  in connection with any change of mind agreed to by both Buyer and Seller;

ix)  to purchase Advertising Credits where you have activated the Advertising Credits Top Up Feature and your Advertising Credits have fallen below your Advertising Credits Minimum Amount.

11.  FASTENTIX GUARANTEE

11.1.  Fastentix Guarantee is a service provided by Fastentix or its authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Fastentix or its authorised agent (“Fastentix Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into Fastentix Guarantee Account.

11.2.  After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Fastentix Guarantee Account until:

(a)  Buyer sends confirmation to Fastentix that Buyer has received his/her goods, in which case, unless 11.2(d) applies, Fastentix will release Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Fastentix Guarantee Account to Seller;

(b)  Fastentix Guarantee Period (or any approved extension under 11.3) expires, in which case, unless 11.2(c) or 11.2(d) applies, Fastentix will release Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Fastentix Guarantee Account to Seller;

(c)  Fastentix determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 11.2(d) applies, Fastentix will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;

(d)  such other time as Fastentix reasonably determines that a distribution of Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.

Fastentix Guarantee is only offered to Buyers who have made payment through the channels provided by Fastentix into Fastentix Guarantee Account. Offline arrangements between Buyer and Seller will not be covered under Fastentix Guarantee.

11.3.  Payments made through Fastentix channels will be held in the Fastentix Guarantee Account for a specified period of time (the “Fastentix Guarantee Period”). To find out more about the Fastentix Guarantee Period, please click this link. Buyer may apply for a one-time extension of Fastentix Guarantee Period prior to the expiry of the applicable Fastentix Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, Fastentix Guarantee Period may be extended for a maximum period of three (3) days unless Fastentix in its sole discretion determines that a longer extension is appropriate or required.

11.4.  If, for any reason, the Seller's bank account cannot be credited and/or the Seller cannot be contacted, Fastentix will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted for more than twelve (12) months after the become due to the Seller and the Buyer’s Purchase Monies remain unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.

11.5.  Seller/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. Fastentix may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller/Buyer hereby grants Fastentix his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, Seller/Buyer authorises Fastentix to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank.

11.6.  The Fastentix Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Fastentix Guarantee. The Fastentix Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and Fastentix accepts no liability in connection with the same. Without limitation, the Fastentix Guarantee does not constitute a product warranty.

11.7.  Buyer and Seller acknowledge and agree that Fastentix’s decision (including any appeals) in respect of and relating to any issues concerning the Fastentix Guarantee is final.

11.8.  For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Fastentix Guarantee.

12.  Fastentix Coins Reward System

12.1.  Users may earn loyalty points (“Fastentix Coins”) by buying merchandises on the Site using the Fastentix Guarantee system or through participation in other Fastentix activities as Fastentix may from time to time determine (“Eligible Activities”) based on the conversion rate determined by Fastentix in its sole discretion. Generally, Fastentix Coins will be credited to a User’s Account upon the completion of a successful transaction or activity approved by Fastentix. You are eligible to participate in the Fastentix Coins reward system if you are a User and your Account does not expressly exclude you from participation.

12.2.  Transaction not completed on the Site using Fastentix Guarantee do not qualify for the Fastentix Coins reward system. Fastentix may at its sole discretion exclude categories of items from the Fastentix Coins reward system.

12.3.  Fastentix Coins credited to Buyers have no monetary value, do not constitute Buyer’s property and cannot be purchased, sold, transferred or redeemed for cash by Buyer.

12.4.  Subject to Fastentix rules and regulation as determined, varied or modified by Fastentix from time to time, subject to any cap imposed by Fastentix at its sole discretion, User may redeem Fastentix Coins by sending a request to Fastentix and use Fastentix Coins to offset the purchase price of selected items when making purchases on the Site as advised by Fastentix from time to time. All refunds will be subject to Fastentix’s Refunds and Return Policy under Section 15.4.

12.5.  The Fastentix Coins you redeem will be deducted from your Fastentix Coins balance. Each Fastentix Coins comes with an expiry date. Do check your account details on the Site for Fastentix Coins balances and expiry date.

12.6.  From time to time, we may tell you that bonus Fastentix Coins will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make at participating Sellers or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.

12.7.  If you have a dispute in relation to the number of Fastentix Coins which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim.

12.8.  Fastentix gives no warranty and accepts no responsibility as to the ultimate tax treatment of Fastentix Coins. You will need to check with your tax advisor whether receiving Fastentix Coins affects your tax situation.

12.9.  Fastentix reserves the right to (i) discontinue the Fastentix Coins Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in Fastentix Coins Reward System, including the ability to earn and redeem Fastentix Coins at its sole discretion.

13.  FASTENTIX COINS CASHBACK VOUCHER

13.1.  Users may receive a voucher entitling them to additional Fastentix Coins (the “Fastentix Coins Cashback Voucher”) on eligible purchases on the Site. Upon the completion of a successful transaction where the Fastentix Coins Cashback Voucher has been applied, additional Fastentix Coins will be credited to a User’s Account based on the conversion rate as indicated in the terms and conditions of such Fastentix Coins Cashback Voucher (“Additional Fastentix Coins Rate”) or as determined by Fastentix in its sole discretion. Fastentix Coins credited to a User following the redemption of a Fastentix Coins Cashback Voucher shall have the same terms and conditions (including in relation to expiry) as regular Fastentix Coins.

13.2.  Fastentix may allow Sellers to generate their own Fastentix Coins Cashback Vouchers (each a “Seller Coins Cashback Voucher”), which Buyers may apply to eligible purchases from the Seller’s store. If you are a Seller that generates a Seller Coins Cashback Voucher, you will be deemed to have consented to the terms and conditions described in this Section.

13.3.  When generating a Seller Coins Cashback Voucher, the Additional Fastentix Coins Rate will be determined by Seller at the Seller’s own discretion. Seller shall be solely responsible for the accuracy of the Additional Fastentix Coins Rate.

13.4.  For each completed transaction where a Buyer successfully applies a Seller Coins Cashback Voucher, the Seller shall pay Fastentix the value of the additional Fastentix Coins credited to the Buyer (“Coins Cashback Price”). The Coins Cashback Price is calculated in Malaysia Ringgit as the number of additional Fastentix Coins to be credited to the Buyer’s Account divided by 100, rounded up to the nearest cent. The Coins Cashback Price is subject to GST (“Coins Cashback Tax Amount”), and the Seller is responsible for such Coins Cashback Tax Amount.

13.5.  Following the successful completion of a transaction, Fastentix shall deduct the Coins Cashback Price and Coins Cashback Tax Amount from the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance with Section 11.2. Fastentix shall issue receipts or tax invoices for the Coins Cashback Price and Coins Cashback Tax Amount on request. For the avoidance of doubt, the Coins Cashback Price and Coins Cashback Tax Amount applies in addition to the Transaction Fee and Tax Amount under the Terms of Service.

13.6.  The Coins Cashback Price and Coins Cashback Tax Amount is strictly non-refundable.

14.  DELIVERY

14.1.  Fastentix will inform Seller when Fastentix receives Buyer’s Purchase Monies. Unless otherwise agreed with Fastentix, Seller 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.

14.2.  Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, the Fastentix Guarantee Period or the time period specified (for offline payment) by Seller on Seller’s listing.

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

14.4.  For Cross-Border Transaction. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Seller based outside of Malaysia, and the importation and exportation of such product is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that Fastentix cannot provide any legal advice in this regard and agrees that Fastentix shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.

15.  CANCELLATION, RETURN AND REFUND

15.1.  Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Fastentix Guarantee Account.

15.2.  Buyer may apply for the return of the purchased item and refund prior to the expiry of Fastentix Guarantee Period, if applicable, subject to and in accordance with Fastentix’s Refunds and Return Policy.

15.3.  Fastentix 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 Fastentix Guarantee Account.

15.4.  If you have redeemed Fastentix Coins for your transaction and you are successful in obtaining a refund based on Fastentix’s Refunds and Return Policy, Fastentix shall refund the monies you have actually paid for the item and credit back any redeemed Fastentix Coins to your Account separately.

15.5.  Fastentix does not monitor the cancellation, return and refund process for offline payment.

16.  SELLER’S RESPONSIBILITIES

16.1.  Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.

16.2.  The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.

16.3.  Seller agrees that Fastentix may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.

16.4.  For the purpose of promoting the sales of the items listed by Seller, Fastentix may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Fastentix.

16.5.  Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.

16.6.  Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Fastentix cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.

16.7.  Seller acknowledge and agrees that Seller’s violation of any of Fastentix’s polices will result in a range of actions as stated in Section 7.1.

17.  PAID ADVERTISING

17.1.  Fastentix offers will be launching keyword advertising (“Keyword Advertising”) and/or other advertising services, (Keyword Advertising hereinafter referred to as "Paid Advertising") on on its Paid Advertising Site on an ongoing basis. Sellers may purchase the Paid Advertising services. Fastentix provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Site, the Paid Advertising Site or otherwise communicated to Sellers in writing (hereinafter referred to as the "Paid Advertising Rules"). Sellers who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules. If you are not agreeable to being bound by the Paid Advertising Rules, do not buy any Paid Advertising Services.

17.2.  In order to purchase Paid Advertising services, you must be an eligible Seller under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising Services, your Account must not be suspended.

17.3.  You may purchase Paid Advertising services by purchasing advertising credits on the Paid Advertising Site (“Advertising Credits”), and fees payable for the Paid Advertising services will be deducted from the Advertising Credits on a pay-per-click basis, as determined by Fastentix. All Advertising Credits will be subject to goods and services tax and expire after six (6) months of purchase, or such other time as determined by Fastentix.. Except as otherwise provided in the applicable Paid Advertising Rules, you may not cancel the order and/or request for a refund after you have purchased Advertising Credits and completed the payment process.

17.4.  You may also choose to have your Advertising Credits automatically topped up via your Seller Wallet (“Advertising Credits Top Up Feature”) if your Advertising Credits balance falls below an amount set by you (“Advertising Credits Minimum Amount”). When activating the Advertising Credits Top Up Feature, you may choose the Advertising Credits Minimum Amount and the amount of top up, and you consent to the debit of your Seller Wallet in accordance with Section 10 of these Terms of Service.

17.5.  You have the option to purchase Keyword Advertising services at the time you list an item for sale or subsequently. When you purchase Keyword Advertising, you can set different budgets, keywords, marketing periods, etc. For each item in accordance with the Paid Advertising Rules. The Keyword Advertising service for each item will be activated and will expire on the respective dates set by you (the “Paid Advertising Period”). You will not be entitled to transfer the remaining Paid Advertising Period or Advertising Credits to other items if an item is sold or unlisted during the Paid Advertising Period you set for that item. The Advertising Credits will also not be refunded.

17.6.  The goods you list on the Site must comply with all relevant laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that Fastentix has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid or Advertising Credits you have used in relation to any listing removed pursuant to this Section 16.5 will not be refunded. Fastentix will also not be liable to compensate you for any loss whatsoever in relation to listings removed pursuant to this Section 16.5.

17.7.  You understand and agree that Fastentix does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services.

17.8.  You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules, Fastentix shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Advertising service.

17.9.  IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, FASTENTIX IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID ADVERTISING SERVICE IN QUESTION ONLY.

18.  TRANSACTION FEES

18.1.  Fastentix charges a fee for all successful transactions completed on the Site (“Transaction Fee”). The Transaction Fee is borne by the Seller, and is calculated at two percent (2%) of the Buyer’s Purchase Monies, rounded up to the nearest cent. The Transaction Fee is subject to SST (“Tax Amount”), and the Seller is responsible for such Tax Amount.

18.2.  For Sellers located outside of Malaysia, Fastentix charges a fee for all successful transactions completed on the Site (“Cross Border Fee”). The Cross Border Fee is borne by the Seller, and is calculated according to the rates as notified to such Sellers from time to time on the Site.

18.3.  Following the successful completion of a transaction, Fastentix shall deduct the Transaction Fee and the Tax Amount, and the Cross Border Fee (as applicable) from the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance with Section 11.2. Fastentix shall issue receipts or tax invoices for the Transaction Fee and Tax Amount paid by Seller on request.

19.  DISPUTES

19.1.  In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Fastentix 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.

19.2.  Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Fastentix or its Affiliates (except where Fastentix or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.

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

19.4.  To be clear, the services provided under this Section 19 are only available to Buyers covered under Fastentix Guarantee. Buyer using other payment means for his/her purchase should contact Seller directly.

20.  FEEDBACK

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

(a)  Feedback may be made in writing through email to or using the feedback form found on the App.

(b)  Anonymous feedback will not be accepted.

(c)  Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

(d)  Vague and defamatory feedback will not be entertained.

21.  DISCLAIMERS

21.1.  THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FASTENTIX 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, FASTENTIX 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.

21.2.  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.

21.3.  FASTENTIX 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) THE ABILITY OF SELLERS TO SELL ITEMS 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 FASTENTIX AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

22.  EXCLUSIONS AND LIMITATIONS OF LIABILITY

22.1.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FASTENTIX 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:

(a)  (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

(b)  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 FASTENTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22.2.  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.

22.3.  IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, FASTENTIX 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 FASTENTIX GUARANTEE; AND (B) RM6100 (RINGGIT MALAYSIA 100 ).

22.4.  NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY FASTENTIX’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF FASTENTIX THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

23.  LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE

23.1.  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 Fastentix in any manner whatsoever and you therefore access them at your own risk. Fastentix 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. Fastentix 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 Fastentix of any linked site and/or any of its content therein.

23.2.  Fastentix allows you to share videos from YouTube on the Fastentix Livestream feature (“YouTube Content”). By sharing YouTube Content, you hereby agree to be bound by the YouTube Terms of Service ((https://www.youtube.com/t/terms).

24.  YOUR CONTRIBUTIONS TO THE SERVICES

24.1.  By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Fastentix. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Fastentix and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect.
You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.

24.2.  Any Content, material, information or idea you post on or through the Services, or otherwise transmit to Fastentix by any means (each, a "Submission"), is not considered confidential by Fastentix and may be disseminated or used by Fastentix without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Fastentix, you acknowledge and agree that Fastentix and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Fastentix and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

25.  THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

25.1.  Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Fastentix is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Fastentix responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

25.2.  In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Fastentix. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Fastentix has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Fastentix shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Fastentix may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.

26.  YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

26.1.  you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

26.2.  you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

27.  FRAUDULENT AND SUSPICIOUS ACTIVITY

If Fastentix, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Fastentix, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

(a)  We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

(b)  We may suspend your eligibility for Fastentix Guarantee;

(c)  We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Singapore or elsewhere and directed to Fastentix;

(d)  We may refuse to provide the Services to you now and in the future;

(e)  We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Fastentix or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

For the purposes of this Section:

"Chargeback" means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment. "Claim" means a challenge to a payment that a Buyer or Seller files directly with Fastentix.

"Reversal" means the reversal of a payment by Fastentix because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by Fastentix, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other Fastentix policy, or (e) Fastentix decided a Claim against you.

28.  INDEMNITY

You agree to indemnify, defend and hold harmless Fastentix, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where Fastentix or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the Fastentix Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Fastentix, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.

29.  SEVERABILITY

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.

30.  GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore 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 shall arising out of or relating to these Terms of Service against or relating to Fastentix or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC 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.

31.  GENERAL PROVISIONS

31.1.  Fastentix reserves all rights not expressly granted herein.

31.2.  Fastentix 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 after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

31.3.  You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

31.4.  Nothing in these Terms of Service shall constitute a partnership, joint venture or principal- agent relationship between you and Fastentix, nor does it authorise you to incur any costs or liabilities on Fastentix’s behalf.

31.5.  The failure of Fastentix 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.

31.6.  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 Fastentix's affiliates and subsidiaries (and each of Fastentix's and its affiliates' and subsidiaries' respective successors and assigns).

31.7.  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.

31.8.  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 and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

31.9.  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 contacts us at: support@fastentix.com.

LEGAL NOTICES: Please send all legal notices to legal.my@fastentix.com and Attention it to the “General Counsel”.

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 FACEBOOK” 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: 21th MARCH 2024

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