Terms of Service

1. Agreement and Scope

These Terms of Service ("Terms") govern your access to and use of the website, mobile applications, and related services (collectively, the "Services") operated by SOM1 ECOMMERCE SDN BHD LIMITED, a company incorporated in Malaysia ("we", "us", or "our"). By accessing or using the Services, you agree to be bound by these Terms and by our User Agreement and Privacy Policy. If you do not agree, do not use the Services. These Terms apply in addition to, and not in place of, the User Agreement unless expressly stated otherwise.

2. Use of the Site and Services

You may use the Services only for lawful purposes and in accordance with these Terms and all applicable laws, including the laws of Malaysia. You must not: (a) use the Services in any way that violates any federal, state, local, or international law or regulation, including the Communications and Multimedia Act 1998 (Malaysia), the Penal Code, or any data protection or consumer protection legislation; (b) transmit, or procure the transmission of, any material that is defamatory, obscene, offensive, harmful, or that infringes intellectual property or other rights; (c) attempt to probe, scan, or test the vulnerability of any system or network, or to breach security or authentication measures; (d) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (e) use any robot, spider, or other automated means to access the Services without our prior written consent.

We reserve the right to refuse service, restrict access, or terminate accounts in our sole discretion, including where we suspect fraudulent, abusive, or illegal activity. We may modify, suspend, or discontinue any part of the Services with or without notice where we consider it necessary for operational, legal, or regulatory reasons.

3. Products, Orders, and E-Commerce

Product descriptions, images, and pricing on the Services are for general information. We strive for accuracy but do not warrant that descriptions, pricing, or availability are error-free. We reserve the right to correct errors, to limit quantities (including in respect of promotions), and to refuse or cancel orders. In a live e-commerce environment, orders would be subject to acceptance, stock availability, and our shipping and returns policies. Any contract of sale would be formed when we accept your order in accordance with our stated process and the laws of Malaysia, including the Sale of Goods Act 1957 and the Consumer Protection Act 1999 where applicable.

Prices are as displayed at the time of order. Taxes, duties, and shipping costs (if any) will be communicated before you complete a purchase. We may offer promotions subject to separate terms. Promotional offers may be withdrawn or amended without notice. In the event of a pricing error, we may cancel the order and refund any amount paid.

For physical goods, delivery terms, risk, and title would pass as set out in our delivery and returns policy. You are responsible for providing a correct delivery address. We are not liable for non-delivery or delay due to circumstances beyond our control, including customs, courier failure, or force majeure events.

4. Consumer Rights (Malaysia)

If you are a consumer within the meaning of the Consumer Protection Act 1999 (Malaysia) or similar legislation, nothing in these Terms affects your statutory rights. You may have rights to a remedy for goods that do not conform to contract, for misrepresentation, or for unfair contract terms. We will not exclude or limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or where such exclusion or limitation is not permitted by law.

If you have a complaint, you may contact us through the channels on our website. We will endeavour to respond within a reasonable time. You may also have the right to refer a dispute to the Tribunal for Consumer Claims (Malaysia) or another relevant body where applicable.

5. Payment and Fees

Where the Services involve payment, you must provide accurate payment details and authorise charges in accordance with our checkout process. You are responsible for any fees charged by your bank or payment provider. We may use third-party payment processors; their terms and privacy policies apply to the processing of your payment. We do not store full card numbers. Refunds will be processed in accordance with our returns and refunds policy and applicable law. Currency for transactions will be as displayed (e.g. MYR, USD). In the case of a dispute regarding a charge, you should contact us and your card issuer or payment provider as appropriate.

6. Intellectual Property

The Services and all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio clips, software, and the design, selection, and arrangement thereof) are owned by SOM1 ECOMMERCE SDN BHD LIMITED, its licensors, or other providers of such material, and are protected by copyright, trademark, and other intellectual property laws of Malaysia and internationally. You may not copy, modify, distribute, sell, lease, or create derivative works from the Services or any part thereof without our prior written consent. You may view and use the Services for their intended purpose in accordance with these Terms. Our name, logo, and other marks may not be used without our written permission.

7. Third-Party Content and Links

The Services may contain links to third-party websites, advertisements, or services. We do not control and are not responsible for the content, accuracy, privacy practices, or terms of any third-party site or service. Your use of third-party services is at your own risk. The inclusion of a link does not imply our endorsement. We recommend that you read the terms and privacy policy of any third-party site you visit.

8. Disclaimers

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or free from errors, viruses, or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any content. You use the Services at your sole risk. Some jurisdictions do not allow the exclusion of implied warranties; in such cases, the above exclusions may not fully apply to you.

9. Limitation of Liability

To the fullest extent permitted by the laws of Malaysia and any other applicable jurisdiction: (a) we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Services; and (b) our total aggregate liability for any claims arising out of or relating to these Terms or the Services shall not exceed the greater of (i) the amount you paid to us in the twelve (12) months preceding the claim, or (ii) one hundred Malaysian Ringgit (MYR 100). These limitations apply whether the claim is based in contract, tort, negligence, strict liability, or any other theory, and even if we have been advised of the possibility of such damages. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or where such exclusion or limitation is not permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless SOM1 ECOMMERCE SDN BHD LIMITED and its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms or any applicable law; (c) your violation of any third-party right, including intellectual property or privacy rights; (d) any content or data you provide; or (e) any dispute between you and a third party in connection with the Services. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense.

11. Changes to the Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the "Effective date" accordingly. Material changes may be communicated via email, in-app notification, or on the website. Your continued use of the Services after the effective date of the changes constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Services. We encourage you to review these Terms periodically.

12. Termination

We may suspend or terminate your access to the Services, in whole or in part, with or without notice, for any reason, including breach of these Terms, the User Agreement, or our Privacy Policy. You may cease using the Services at any time. Upon termination, your right to use the Services ceases immediately. All provisions of these Terms that by their nature should survive termination (including disclaimers, limitation of liability, indemnification, and governing law) shall survive.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Malaysia, without regard to its conflict of law principles. The parties shall first seek to resolve any dispute through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, it may be submitted to mediation in Kuala Lumpur, Malaysia. If mediation does not resolve the dispute, the parties may pursue their rights in the courts of Malaysia, and you irrevocably submit to the exclusive jurisdiction of the courts of Malaysia. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

14. General

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect. Our failure to enforce any right or provision does not waive that right or provision. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction. No agency, partnership, joint venture, or employment relationship is created between you and us. These Terms, together with the User Agreement and Privacy Policy, constitute the entire agreement between you and us regarding the Services. Headings are for convenience only and do not affect interpretation.

15. Contact

For questions about these Terms of Service, please contact us at:

SOM1 ECOMMERCE SDN BHD LIMITED
Room 1508, 15/F., Office Tower Two, Grand Plaza, 625 Nathan Road, Mong Kok, Hong Kong
Phone: +60 3 2716 8820
Email: info@som1.biz