User Agreement

1. Acceptance and Amendment of the Agreement

SOM1 ECOMMERCE SDN BHD LIMITED ("we", "us", or "our") provides the website, applications, and related services (the "Services") subject to this User Agreement. By registering, logging in, or using the Services, you agree to be bound by this Agreement. We may amend this Agreement from time to time. Your continued use after any amendment constitutes acceptance. Material changes may be notified via the website, email, or SMS where appropriate. We encourage you to review this Agreement periodically.

2. Account Registration and Security

You must provide your own mobile number and other accurate information when registering. You are responsible for maintaining the security of your account and any verification credentials. You must not share, transfer, or allow others to use your account. We are not liable for losses arising from your failure to keep your account secure, from unauthorised use of your phone or SIM, or from your disclosure of verification codes. You must notify us promptly if you suspect unauthorised access.

For services that rely on SMS or other verification sent to your phone, you are responsible for ensuring that the number is correct and that you have authority to receive such messages. We may suspend or terminate accounts that are used in breach of this Agreement or that pose a risk to the Services or other users.

3. Eligibility and Representation

You represent that you are at least 18 years of age (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into binding contracts. If you are using the Services on behalf of a business or other entity, you represent that you have authority to bind that entity. The Services are offered from Malaysia and are intended for users in permitted jurisdictions. You are responsible for compliance with local laws.

4. User Conduct and Prohibited Activities

You must use the Services in compliance with all applicable laws, including the laws of Malaysia (e.g. the Communications and Multimedia Act 1998, the Penal Code, and regulations thereunder), and with this Agreement. You must not: (a) use the Services for any illegal, fraudulent, or unauthorised purpose; (b) infringe the intellectual property, privacy, or other rights of any person; (c) transmit harmful, offensive, defamatory, or obscene content; (d) attempt to gain unauthorised access to our systems, other users' accounts, or any third-party systems; (e) interfere with or disrupt the integrity or performance of the Services; (f) use automated means to scrape, collect, or harvest data without our consent; or (g) resell or commercially exploit the Services without our written agreement.

We reserve the right to investigate suspected violations, to remove or disable content, and to suspend or terminate accounts. We may report unlawful activity to the relevant authorities, including in Malaysia. Where required by law, we will cooperate with law enforcement.

5. Privacy and Personal Information

Our collection, use, storage, and protection of your personal data are described in our Privacy Policy. In Malaysia, we process personal data in accordance with the Personal Data Protection Act 2010 (PDPA) where it applies. By using the Services, you consent to our processing of your personal data as set out in the Privacy Policy. You must provide accurate and complete information where required. You may withdraw certain consents or request access, correction, or deletion of your data as described in the Privacy Policy and as permitted under the PDPA.

6. Intellectual Property

All intellectual property in the Services—including trademarks, logos, trade names, designs, text, graphics, images, software, and other materials—is owned by us or our licensors. You may not copy, modify, distribute, sell, or create derivative works from any part of the Services without our prior written consent. You may view and use the Services for their intended purpose in accordance with this Agreement. Any feedback or suggestions you provide may be used by us without obligation to you.

7. Third-Party Links and Services

The Services may contain links to third-party websites or services. We do not control and are not responsible for their content, privacy practices, or terms. Your use of third-party services is at your own risk. We do not endorse any third-party product or service.

8. Disclaimers and Limitation of Liability

To the fullest extent permitted by applicable law, including the Malaysian Consumer Protection Act 1999 where it applies: (a) the Services are provided "as is" and "as available"; (b) we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose; (c) we do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components; and (d) we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or other intangible losses.

Our total aggregate liability to you for any claims arising from or related to this Agreement or the Services shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim, or, if no amount has been paid, one hundred Malaysian Ringgit (MYR 100). These limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain exclusions or limitations; in such cases, our liability is limited to the maximum permitted by law.

We are not liable for any failure or delay due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riot, labour disputes, government actions, failure of third-party services (including telecommunications or power), or cyber-attacks.

9. Indemnification

You agree to indemnify, defend, and hold harmless SOM1 ECOMMERCE SDN BHD LIMITED, its directors, officers, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Services; (b) your breach of this Agreement or any applicable law; (c) your infringement of any third-party right; or (d) any content or data you submit or that is sent from your account or device.

10. Termination

We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe you have breached this Agreement or for operational, legal, or regulatory reasons. You may stop using the Services at any time. Upon termination, your right to use the Services ceases. Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and dispute resolution) will survive termination.

11. Dispute Resolution and Governing Law

This Agreement is governed by the laws of Malaysia. The parties shall first endeavour to resolve any dispute arising out of or in connection with this Agreement through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, it may be referred to mediation in Kuala Lumpur, Malaysia, in accordance with the rules of a recognised mediation institution. If mediation does not resolve the dispute, either party may refer the matter to the courts of Malaysia, and you agree to submit to the exclusive jurisdiction of the courts of Malaysia. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12. General

This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and us regarding the Services and supersedes any prior agreements. Our failure to enforce any right or provision does not waive that right or provision. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. You may not assign or transfer this Agreement without our written consent; we may assign our rights and obligations in connection with a merger, acquisition, or sale of assets. Notices to you may be sent to your registered phone number, email, or via in-app or website notice as we deem appropriate.

13. Contact

For questions about this User Agreement, 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