Terms & Conditions
use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services,
Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers
with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to
any other protected information, through any means not intentionally made available by us for your specific use.
If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of
Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services
parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of
2. General use of Services and/or access of Platform
2.1 Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules
and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the
aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and
policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their
publication on the Platform.
2.2 Restricted activities: You agree and undertake NOT to:
• (a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
• (b) use the Platform or Services for illegal purposes;
• (c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the
Platform or Services;
• (d) post, promote or transmit through the Platform or Services any Prohibited Materials;
• (e) interfere with another’s utilization and enjoyment of the Platform or Services;
• (f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses,
damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or
interfere with the operation of another Customer’s computer or mobile device or the Platform or Services;
• (g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer
networks, any applicable Internet standards and any other applicable laws.
2.3 Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify,
suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if
any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
• (a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in
our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it
• (b) prevent or restrict access of any Customer to the Platform and/or the Services;
• (c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to
co-operate with such authorities; and/or
• (d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any
time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we
have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.6 Terms & Conditions of Sale: Purchases of any Product would be subject to the Terms & Conditions of Sale.
comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional
terms and conditions, which will apply in full force and effect.
3. Use of Services
the additional specific terms and conditions governing your use of the Services.
3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to
enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions
contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not
use the Services even if they satisfy the requirements of this Clause 3.2.
• (a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct
any activity relating to the Services in good faith; and
• (b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate
and agree to take sole responsibility for such information and data.
3.4 Product description: While we endeavour to provide an accurate description of the Products, we do not warrant that such
description is accurate, current or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing
Prices at any time without giving any reason or prior notice.
3.6 Third Party Vendors: You acknowledge that parties other than Gen E (i.e. Third Party Vendors or Sellers) list and sell Products
on the Platform. Whether a particular Product is listed for sale on the Platform by Gen E or a Third Party Vendor may be stated on
the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s
Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer.
4. Customers with Gen E accounts
4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us
or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i)
determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection
with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request
that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice
and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason
of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and
Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such
use is authorized or not) of the Username and/or Password. You should notify us immediately if you have knowledge that or have
reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any
unauthorized use of the Username and/or Password or if your Personal Data requires updating.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any
information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
• (a) access to the relevant Platform and/or use of the Services by you; or
• (b) information, data or communications posted, transmitted and validly issued by you.
• You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by
you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in
respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by
and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform
referable to your Username and Password.
5. Intellectual property
5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our
licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
5.2 Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled,
disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or
transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or
equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only
be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the
Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in
meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any
other applicable trademark owner.
6. Our limitation of responsibility and liability
6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available”
basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes
only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third
party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform,
the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:
• (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the
Platform, the Services or the Materials;
• (b) that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or
omissions, or that any identified defect will be corrected;
• (c) that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting
code, agent, program or macros; and
• (d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that
any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or
disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority.
Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due
to internet traffic or incorrect data transmission due to the public nature of the Internet.
6.2 Exclusion of liability: Gen E Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless
of the form of action) arising directly or indirectly in connection with:
• (a) any access, use and/or inability to use the Platform or the Services;
• (b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on
such data or information without first independently verifying its contents;
• (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other
malicious, destructive or corrupting code, agent program or macros; and
• (d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or
employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
6.3 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is
entirely at your own risk and we shall not be liable there for.
7. Hyperlinks, and alerts
7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or
operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions,
delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material
contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content
are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites
or content is entirely at your own risk.
7.2 Promotions: We may attach banners, java applets and/or such other materials to the Platform for the purposes of promoting our
or our Third Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment,
fee and/or commission in respect of any such promotional materials.
8. Your submissions and information
8.1 Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to the Platform
and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When
you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in
connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than
yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish,
remove or edit your Submissions.
8.2 Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use
by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional
e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions of this
Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Malaysia or
elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any
8.3 Gen E may, from time to time, be required by government agencies to disclose certain information in connection with any audit
or investigation. You understand that we are not required to contest any demand made by an (government) authority for such
9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect, upon giving you notice, terminate your use
of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services
have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory
authority, it is not suitable to continue providing the services relating to the Platform.
10.1 Notices from us: All notices or other communications given to you if:
• (a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of
publication or broadcast; or
• (b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on
the day when it was so left.
10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be
deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot
guarantee that we will always respond with consistent speed.
10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving
notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice
shall be deemed given.
prevent our exercise of any other such right or remedy as at law or in equity.
respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired
as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the
accordance with Malaysia law and you hereby submit to the exclusive jurisdiction of the Malaysia Courts. . Except as provided in the
preceding sentence, any dispute, controversy, or claim arising out of or relating to this terms and conditions, or the breach,
termination or invalidity thereof shall be settled through arbitration under Republic Act 9285 or the Alternative Dispute Resolution Act
11.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or
non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate
11.7 Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may
we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted
such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these
11.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our
part shall be subject to correction without any liability on our part.
hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject
11.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations
relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services
shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data
transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge
or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in
electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
11.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in
connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on
such terms as we deem appropriate.
11.15 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations
contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
12. Voucher Terms & Conditions
The following terms and conditions (T&Cs) apply to your use and redemption of promotional vouchers or voucher codes, where such
vouchers are offered for no consideration.
Definitions and Interpretation
1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these
1.1 “Customer” has the same meaning as in the Terms & Conditions of Sale.
1.2 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications,
domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting
trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding
proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world,
whether registered or not, and&