1. INTRODUCTION #
1.1. Welcome to www.Driwego.com (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a Driwego account (“Account”) so that you are aware of your legal rights and obligations, and the rules and restrictions that governs your access and use of the Site and the Services provided by Driwego.com. The services we provide or make available include (a) the Site, (b) the services provided by the Site and by Driwego 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”) (hereinafter collectively referred to as the (“Services”). Any new features added to or augmenting the Services are also subject to these Terms of Service.
1.2. These Terms of Services constitute a legal agreement between you and Cartier Creative Sdn. Bhd. a company incorporated in Malaysia and having its business address at 2-15, Jalan Puteri 4/6, Bandar Puteri Puchong, 47170 Puchong, Selangor, Malaysia, and its affiliates and subsidiaries (“Driwego”, “we”, “us” or “our”).
1.3. The Services include an online platform service that provides a place and opportunity for the sale of automobile auto parts and/or any other merchandise approved by Driwego 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 Driwego 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 (i.e. the Seller and Buyer) to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Driwego is not involved in the transaction between Users. Driwego is not obligated to pre-screen Users or the Content or information provided by Users. Driwego reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Driwego cannot ensure that Users will actually complete a transaction and shall not be liable for any loss, damages and/or expenses resulted thereof.
1.5. Driwego reserves the right to change, modify, suspend and/or discontinue all or any part of this Site or the Services at any time with or without prior notice to you. If we do so and we have notified you of such change, modification, suspension and/or discontinuation, which we are not obliged to, such modification shall take effect upon the date of posting of the revised Terms of Service on the Site.
1.6. Driwego may release certain Services or any features, changes and upgrades in a beta version, which may not work correctly or in the same way the final version may work or cause disruption to the Site or Services, and we shall not be held liable in such instances. Driwego 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.
1.7. Driwego reserves the right to refuse your access to the Site or Services or to allow you to open an Account for any reason.
BY USING DRIWEGO SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THESE TERMS OF SERVICE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES OTHERWISE AGREED BETWEEN PARTIES, REFERENCED HEREIN AND/OR LINKED HERETO. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER, AND LEGALLY PERMITTED IN YOUR COUNTRY TO EXECUTE A BINDING CONTRACT TO USE OR OPEN AN ACCOUNT WITH DRIWEGO. 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 THESE TERMS OF SERVICES. 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 #
B. agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Driwego; and
C. shall not, whether directly or indirectly, disclose any User Information to any third party, or otherwise allow any third party to access or use your User Information, without Driwego’s prior written consent.
2.2. Buyer’s purchases are fulfilled by Sellers. In order to fulfill the Buyer’s purchases, Sellers would require information about the Buyer, such as mailing address and/or phone number. The Seller may be located in your country or region or elsewhere. Buyer acknowledges that when you make a purchase, Driwego treats it as a request (from you) to share your information, including name, street address and phone number, with the relevant Seller to, for example facilitate shipping, and that such sharing may cause a transfer of personal data from one region to another.
2.3. Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will:-
A. comply with all applicable personal data protection laws with respect to any such data;
B. 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
C. 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. Driwego 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, graphics, user interface, video clips, audio clips, software, source codes, names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Driwego and where applicable, third party proprietors identified in the Site. No right or licence 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, Driwego’s Intellectual Property or its Content. You also may not, without our prior written consent, copy, replicate, 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 Driwego. You acknowledge that Driwego may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
3.3. By posting or displaying any Contents on the Sites or providing any Contents to Driwego or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Driwego to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the Contents in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to Driwego, the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to Driwego that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4. SOFTWARE #
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Driwego reserves all rights to the software not expressly granted by Driwego hereunder. Any third-party scripts or code, linked to or references from the Services, are licensed to you by the third parties that own such scripts or code, not by Driwego.
5. ACCOUNTS AND SECURITY #
5.1. Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) or mobile phone number and password, and by providing certain personal information. If you select or provide a User ID or mobile phone that Driwego, in its sole discretion, finds invalid, offensive or inappropriate, Driwego has the right to suspend or terminate your Account.
5.3. You agree to:
- keep your password confidential and only use your User ID or mobile phone and password when logging in to your account;
- ensure that you log out from your account at the end of each session on the Site;
- immediately notify Driwego of any unauthorised use of your Account, User ID and/or mobile phone number and/or password; and
- 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 mobile phone and Account even if such activities or uses were not committed by you. Driwego will not be liable for any loss or damage arising from unauthorised use of your User ID, mobile phone, password and/or Account or your failure to comply with this Section.
5.4. You agree to notify Driwego immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
5.5. You agree that Driwego may for any reason, in its sole discretion and with or without notice and without liability to you or any third party, immediately terminate your Account and your User ID and your mobile phone number, remove or discard from the Site any Content associated with your Account and User ID and mobile phone number, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID and mobile phone number, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Driwego deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected:-
- extended periods of inactivity;
- violation of the letter or spirit of these Terms of Service,
- illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour;
- having multiple user accounts;
- buying products on the Site for the purpose of commercial re-sale;
- abnormal or excessive purchase of products from the same Seller or related group of Sellers;
- voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site); or
- behaviour that is harmful to other Users, third parties, or the business interests of Driwego.
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, Driwego may terminate your Account immediately with or without notice.
5.6. You acknowledge that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to Driwego.com or other Users of the Sites. Users shall indemnify Driwego, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. You also agrees that in case of the multiple use of your account or your failure to maintain the security of your account, Driwego shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate such User’s account without any notice.
5.7. Users may terminate their Account if they notify Driwego in writing (including via email at firstname.lastname@example.org) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction or order (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Driwego after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Driwego shall have no liability, and shall not be liable for any loss, damages and/or expenses incurred due to the actions taken by you in accordance with this Section. Users waive any and all claims against Driwego based on any such action taken by Driwego.
5.8. 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.
6.1. 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, Driwego may effect such termination with or without notice to you.
6.2. You agree not to:
- 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;
- violate any laws, including without limitation to any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
- upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
- use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- remove any proprietary notices from the Site;
- cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Driwego;
- use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
- open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
- access the Driwego platform, open a user account, or otherwise access your user account using an emulator, simulator, bot, or other similar hardware or software;
- manipulate the price of any item or interfere with other User’s listings;
- take any action that may undermine the feedback or ratings systems;
- 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 Driwego with respect to the Services and/or data transmitted, processed or stored by Driwego;
- harvest or collect any information about or regarding other Users or Account holders, including, without limitation, any personal data or information;
- 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);
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
- infringe the rights of Driwego, including any intellectual property rights and any passing off of the same thereof;
- 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
- 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; and/or
- not engage in any activities that would otherwise create any liability for Driwego.
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 Driwego, 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 Driwego 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 Driwego 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, Driwego 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 of Services. 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 Driwego or submitted to Driwego, including, without limitation, information in Driwego Forums and in all other parts of the Site.
6.5. You acknowledge, consent to and agree that Driwego 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 Driwego 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 Driwego, its Users and/or the public.
6.6. You agree that your interactions with any other users or any third party found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other users or third party(ies). You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these other users or third party(ies). You agree that Driwego shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
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; and/or
- Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.
7.2. You agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Driwego provision of the Services, evaluating whether you have violated these Terms of Service and/or handling any complaint against the User. The User’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Driwego shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
7.3. If you believe a User on our Site is violating these Terms of Service, please contact email@example.com.
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT #
8.1. The Users are independent individuals or businesses and they are not associated with Driwego in any way. Driwego 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 firstname.lastname@example.org and copy email@example.com and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Driwego will respond to your complaint as soon as practicable.
8.3. Complaints under this Section 8 must be provided in the form prescribed by Driwego, 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 together with all relevant supporting documents on the ownership ; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow Driwego 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.
8.4. IPR Owners agrees that Driwego is not obligated to pre-screen Users, the Content or information provided and/or the merchandises listed in the Site by any User and shall not be obligated to remove or delete any merchandise listing prior to the IPR Owner’s complaint.
9. PURCHASE AND PAYMENT #
9.1. Driwego supports one or more of the following payment methods in each country it operates in:
- Credit Card
Credit 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.
- Bank Transfer
Users may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Driwego Guarantee Account (as defined in Section 11). For purchase transaction, Buyer must provide Driwego with the transfer receipt and payment transaction reference for verification purposes through email as payment confirmation. The email address is to firstname.lastname@example.org with the title of “Payment for Transaction”. If payment confirmation is not received by Driwego within three (3) days, Buyer’s order will be cancelled.
9.2. In order to make purchases, Buyer must provide accurate and complete information for a valid payment method, such as a credit card, that Buyer are authorized to use. Buyer may only change their preferred mode of payment for their purchase prior to making payment.
9.3. Each final price is determined by or based on a price supplied by the Seller offering an item for sale. Seller may provide the other information in the item listings, including any reference or strike-through prices. Sellers are obligated to provide accurate information, but we have no way to guarantee the truth or accuracy of information in item listings. Driwego does not represent, warrant, or guarantee that the Seller actually offered or sold the item at the strike-through price. Buyer should not rely on the strike-through price in connection with making any decision to purchase. If comparison price is an important factor in the Buyer’s purchasing decision, Buyer’s should rely on its own research and comparisons before making a purchase.
9.4. Buyers are responsible for reading the full item listing before purchasing an item. By confirming your purchase at the end of the checkout process, Buyer agree to accept and pay for the item(s), as well as all shipping and handling charges and applicable taxes, customs and/or duties. When a transaction is made pursuant to a shipping contract, the risk of loss and title for products pass to you upon delivery of the products to the carrier.
9.5. Pricing or availability errors may occur from time to time. Driwego reserves the right to cancel any orders containing pricing or availability errors even after the receipt of an order confirmation or shipping notice.
9.6. Driwego takes no responsibility and assumes 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.
9.7. At the moment, Driwego is only able to make payment to Users via bank transfer. Hence, Users are required to provide Driwego with his/her banking details in order to receive payments i.e. from the sale of item or refund from Driwego.
9.8. Seller may be located in your country or region or elsewhere. If they are located elsewhere, this may have an effect on final prices, taxes, customs, duties and the applicability of the respective consumer protection legislations.
9.9 Sellers is agree to authrozied Driwego to collect payment onbehalf of sellers.
10. DRIWEGO Payment Record #
10.1. Driwego Payment Record is a service that facilitate the record transaction of money you receive from your sales proceeds and refunds for purchases made via bank transfer, cash payment or online payment. The sum of this money, minus any withdrawals, will be reflected as your Driwego payment balance.
10.2. You may transfer funds from your Driwego Payment record (up to the amount of your withdrawer payment balance) to your linked bank account (“Linked Account”) by submitting a transfer request. Driwego may also automatically transfer funds from your Driwego Payment to your Linked Account on a regular basis, as determined by Driwego. Driwego shall only process such transfers on business days as determined by Driwego from time to time and such transfers will fall on the following week on Thursdays to be credited to your Linked Account. If it falls on public holidays, the transaction will take place on the next business day.
10.3. Each User is entitled to only one free Withdrawal Requests per week. Driwego may impose a fee of RM0.20 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”) or any applicable taxes, customs, duties and/or expenses. The maximum number of free Withdrawal Requests each User is entitled to and the amount of Withdrawal Fees charged are subject to change at Driwego’s discretion.
10.4. Money from your sale of items on Driwego shall be credited to your Driwego payment record within three (3) days or the day specified by you after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item upon request. Money from refunds of items on Driwego shall be credited to your Driwego payment record 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 the applicable laws, rules 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 Driwego payment record 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 Driwego payment record:
- to correct any errors in the processing of any transaction;
- where Driwego has determined that you have engaged in fraudulent or suspicious activity and/or transactions;
- in connection with any lost, damaged or incorrect items;
- in connection with any rewards or rebates;
- in connection with any uncharged fees;
- in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;
- in connection with any banned items or items that are detained by customs;
- in connection with any change of mind agreed to by both Buyer and Seller.
11. DRIWEGO GUARANTEE #
11.1. Driwego Guarantee is a service provided by Driwego 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 Driwego or its authorised agent (“Driwego Guarantee Account”). Seller will not receive interest or other earnings from the sum Buyer have paid into Driwego Guarantee Account.
11.2. The Driwego Guarantee Account shall be owned and/or managed by Cartier Creative Sdn Bhd or any of its assigned subsidiary or affiliates.
11.3. Driwego Guarantee is only offered to Buyers who have made payment through the channels provided by Driwego for the Site and Services. Offline or other arrangements between Buyer and Seller will not be covered under Driwego Guarantee.
11.4. After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Driwego Guarantee Account until:
- A. Buyer sends confirmation to Driwego that Buyer has received his/her goods, in which case, unless Section 11.2(D) applies, Driwego 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 Driwego Guarantee Account to Seller;
- B. Driwego Guarantee Period (or any approved extension under Section 11.3) expires, in which case, unless Section 11.2(C) or Section 11.2(D) applies, Driwego 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 Driwego Guarantee Account to Seller;
- C. Driwego determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless Section11.2(D) applies, Driwego will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;
- D. such other time as Driwego 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.
11.5. Payments made through Driwego channels will be held in the Driwego Guarantee Account for a specified period of time (the “Driwego Guarantee Period”). To find out more about the Driwego Guarantee Period, please click this link. Buyer may apply for a one-time extension of Driwego Guarantee Period prior to the expiry of the applicable Driwego Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, Driwego Guarantee Period may be extended for a maximum period of three (3) days unless Driwego in its sole discretion determines that a longer extension is appropriate or required.
11.6. If, for any reason, the Seller’s bank account cannot be credited and/or the Seller cannot be contacted, Driwego 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 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.
11.9. The Driwego 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 Driwego Guarantee. The Driwego 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 Driwego accepts no liability in connection to the same. Without limitation, the Driwego Guarantee does not constitute a product warranty.
11.10. Buyer and Seller acknowledge and agree that Driwego’s decision (including any appeals) in respect of and relating to any issues concerning the Driwego Guarantee is final.
11.11. For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Driwego Guarantee.
12. Driwego Coin Reward System #
12.1. Users may earn loyalty points (“Driwego Coin”) by buying merchandises on the Site using the Driwego Guarantee system or through participation in other Driwego activities as Driwego may from time to time determine (“Eligible Activities”) based on the conversion rate determined by Driwego in its sole discretion. Generally, Driwego Coin will be credited to a User’s Account upon the completion of a successful transaction or activity approved by Driwego. You are eligible to participate in the Driwego Coin 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 Driwego Guarantee do not qualify for the Driwego Coin reward system. Driwego may at its sole discretion exclude categories of items from the Driwego Coin reward system.
12.3. Driwego Coin has no monetary value, does not constitute your property and cannot be purchased, sold, transferred or redeemed for cash.
12.4. Subject to Driwego rules and regulation as determined, varied or modified by Driwego from time to time, subject to any cap imposed by Driwego at its sole discretion, User may redeem Driwego Coin by sending a request to Driwego and use Driwego Coin to offset the purchase price of selected items when making purchases on the Site as advised by Driwego from time to time. All refunds will be subject to Section 15 and Driwego’s Refunds and Return Policy.
12.5. The Driwego Coin you redeem will be deducted from your Driwego Coin balance. Each Driwego Coin comes with an expiry date. Do check your account details on the Site for Driwego Coin balances and expiry date.
12.6. From time to time, we may inform you that bonus Driwego Coin will be awarded for certain 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 Driwego Coin 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. Driwego gives no warranty and accepts no responsibility as to the ultimate tax treatment of Driwego Coin. You will need to check with your tax advisor whether receiving Driwego Coin affects your tax situation.
12.9. Driwego reserves the right to (i) discontinue the Driwego Coin Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in Driwego Coin Reward System, including the ability to earn and redeem Driwego Coin at its sole discretion. Driwego shall not be responsible or liable for any losses, damages and/or expenses as a result of Driwego’s decision to discontinue, cancel or suspend the Driwego Coin Reward system.
12.10. Items purchased with Driwego Coin cannot be refunded for real money. If a refund is issued for an item purchased with Driwego Coin, the refund may be issued in Driwego Coin.
13. DRIWEGO COIN CASHBACK VOUCHER #
13.1. Users may receive a voucher entitling them to redeem additional Driwego Coins (the “Driwego Coin Cashback Voucher”) on eligible purchases on the Site. Upon the completion of a successful transaction where the Driwego Coin Cashback Voucher has been applied, additional Driwego Coins will be credited to a User’s Account based on the conversion rate as indicated in the terms and conditions of such Driwego Coin Cashback Voucher (“Additional Driwego Coins Rate”) or as determined by Driwego in its sole discretion. Driwego Coins credited to a User following the redemption of a Driwego Coin Cashback Voucher shall have the same terms and conditions (including in relation to expiry) as regular Driwego Coins.
13.2. Driwego may allow Sellers to generate their own Driwego Coin Cashback Vouchers (each a “Seller Coin Cashback Voucher”), which Buyers may apply to eligible purchases from the Seller’s store. If you are a Seller that generates a Seller Coin Cashback Voucher, you will be deemed to have consented to the terms and conditions described in this Section.
13.3. When generating a Seller Coin Cashback Voucher, the Additional Driwego Coins Rate will be determined by Seller at the Seller’s own discretion. Seller shall be solely responsible for the accuracy of the Additional Driwego Coins Rate.
13.4. For each completed transaction where a Buyer successfully applies a Seller Coin Cashback Voucher, the Seller shall pay Driwego the value of the additional Driwego Coins credited to the Buyer (“Coin Cashback Price”). The Coin Cashback Price is calculated in Malaysian Ringgit as the number of additional Driwego Coins to be credited to the Buyer’s Account divided by 100, rounded up to the nearest cent. The Coin Cashback Price is subject to SST or any other applicable taxes, customs, duties and/or expenses (“Coin Cashback Tax Amount”), and the Seller is responsible for such Coin Cashback Tax Amount.
13.5. Following the successful completion of a transaction, Driwego shall deduct the Coin Cashback Price and Coin Cashback Tax Amount from the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance with Section 11.2. Driwego shall issue receipts or tax invoices for the Coin Cashback Price and Coin Cashback Tax Amount on request. For the avoidance of doubt, the Coin Cashback Price and Coin Cashback Tax Amount applies in addition to the Transaction Fee and Tax Amount under the Terms of Service.
13.6. The Coin Cashback Price and Coin Cashback Tax Amount is strictly non-refundable.
14. DELIVERY #
14.1. Driwego will inform Seller when Driwego receives Buyer’s Purchase Monies. Unless otherwise agreed by Driwego, 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 Driwego 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 Driwego 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 taxes, customs, duties, laws, rules and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that Driwego cannot provide any legal advice in this regard and agrees that Driwego shall not bear any risks or liabilities associated with the import and export of such products.
15. CANCELLATION, RETURN AND REFUND #
15.1. Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Driwego Guarantee Account.
15.2. Buyer may apply for the return of the purchased item and refund prior to the expiry of Driwego Guarantee Period, if applicable, subject to and in accordance with Driwego’s Refunds and Return Policy. Please refer to Driwego’s Refunds and Return Policy for further information.
15.3. Driwego 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 Driwego Guarantee Account.
15.4. If you have redeemed Driwego Coin for your transaction and you are eligible to obtain a refund based on Driwego’s Refunds and Return Policy, Driwego shall refund the monies you have actually paid for the item and credit back any redeemed Driwego Coin to your Account separately.
15.5. Driwego 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 other any other applicable taxes, customs, duties and expenses etc. and Seller shall not charge Buyer such amount additionally and separately.
16.3. Seller agrees that Seller is prohibited to list the sale of merchandise other than automobile auto parts, any merchandise in connection to the sale automobile auto parts or any other merchandise expressly approved by Driwego in these Terms of Service.
16.4. Seller agrees that Driwego 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 actually pay will be the price that such adjustment is applied to.
16.5. For the purpose of promoting the sales of the items listed by Seller, Driwego 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 Driwego.
16.6. Seller shall issue receipts, credit card slips or tax invoices to Buyer upon request.
16.7. Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Driwego 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.
16.8. Seller acknowledge and agrees that Seller’s violation of any of Driwego’s polices will result in a range of actions as stated in Section 7.1.
17. Paid Advertising #
17.1. Driwego will be launching keyword advertising and/or other advertising services (hereinafter referred to as “Paid Advertising”) on its Paid Advertising Site on an ongoing basis. Sellers may purchase the Paid Advertising services. Driwego 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 Driwego. All Advertising Credits will be subject to SST or any applicable taxes, duty and/or expenses. Except as otherwise provided in the applicable Paid Advertising Rules, you may not cancel any order and/or request for a refund after you have purchased Advertising Credits and completed the payment process. Driwego will provide an electronic invoice for Paid Advertising services purchased on a monthly basis and Sellers are to ensure that a correct and working e-mail address is provided for receiving such invoices. The invoice will contain the name and address provided by you, the amount of Advertising Credits purchased and the remaining balance of your Advertising Credits as at the date of the invoice.
17.4. You have the option to purchase the Paid Advertising service at the time you list an item for sale or subsequently. When you purchase the Paid Advertising service, you may (i) manage the Paid Advertising service yourself or (ii) authorize Driwego to manage the Paid Advertising service for you. In both cases, you may set different budgets, keywords, marketing periods, etc. for each item in accordance with the Paid Advertising Rules. You may also choose to have your Advertising Credits automatically charges via credit card payments. The Paid Advertising service for each item will be activated and will expire on the respective dates set by you or Driwego (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 or Driwego set (based on your instructions) for that item. The Advertising Credits will also not be refunded.
17.5. Where you have authorized Driwego to manage the Paid Advertising service for you, you understand and agree to indemnify, defend and hold harmless Driwego from any demand or claim instituted, made or alleged against, and all losses, damages and/or expenses which may be sustained or suffered or incurred by Driwego and which arises (whether directly or indirectly) out of, in the course of or in connection with Driwego accessing your Seller’s account and/or executing your instructions, for the purpose of managing the Paid Advertising service on your behalf.
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 Driwego 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 17.6 will not be refunded. Driwego will also not be liable to compensate you for any loss whatsoever in relation to listings removed pursuant to this Section 17.6.
17.7. You understand and agree that Driwego 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, Driwego 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 services.
17.9. IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, DRIWEGO 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. PURCHASE AND SALE OF ALCOHOL #
Unless otherwise expressly approved by Driwego in these Terms of Service, any sale, resale, distribution, promotion of alcohol products is strictly prohibited. Any failure by the User to comply with this Section 18 will result in a suspension of the Account and/or subsequent termination.
19. TRANSACTION FEES #
19.1. Driwego charges a fee for all successful transactions completed via bank transfer, credit card or any other payment method on the Site (“Payment Fee”). The Payment Fee is borne by the Seller, and is calculated at five percent (5%) of the Buyer’s Purchase Monies, rounded up to the nearest cent. The Payment Fee is subject to SST or any other applicable taxes, duty and/or expenses (“Tax Amount”), and the Seller is responsible for such Tax Amount.
19.2. For Sellers located outside of Malaysia, Driwego charges a fee for all successful transactions completed via bank transfer, credit card or any other payment method 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.
19.3. Following the successful completion of a transaction, Driwego shall deduct the Payment 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. Driwego shall issue receipts or tax invoices for the Payment Fee and Tax Amount paid by Seller on request.
20. DISPUTES #
20.1. Buyers and Sellers in accessing or using the Site or Services shall assume all risks in conducting any purchase and sale transactions in connection with or through the Sites or Services. Buyers and Sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate any third party rights, and the risk that Users may incur costs of defense or other costs in connection with third party’ assertion of third party’s rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of third party rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Site or Services. All of the foregoing risks are referred to as “Transaction Risks”. Driwego shall not liable or responsible for any losses, damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
20.2. 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 Driwego 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.
20.3. Each Buyer and Seller covenants and agrees to release and indemnify Driwego or its representatives (including our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction and will not commence a suit or otherwise assert any claim against Driwego or its Affiliates (except where Driwego 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.
20.4. Users covered under Driwego Guarantee may send written request to Driwego to assist them in resolving issues which may arise from a transaction upon request. Driwego may, at its sole discretion and with absolutely no liability or obligation to Seller and Buyer, use its best endavour to assist Users resolving their dispute. For more information, please refer to Driwego’s Refunds and Return Policy.
21. FEEDBACK #
21.1. Driwego welcomes information and feedback from our Users which will enable Driwego to improve the quality of service provided. Please refer to our feedback procedure below for further information:
- Feedback may be made in writing through email to or using the feedback form found on the Web.
- Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
- Anonymous feedback will not be accepted.
- Vague and defamatory feedback will not be entertained.
21.2. You agree not to undertake any action to undermine the integrity of the computer systems or networks of Driwego.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
21.3. You agree not to undertake any action which may undermine the integrity of Driwego.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
22. DISCLAIMERS #
22.1. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY DRIWEGO 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, DRIWEGO 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.
22.2. 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.
22.3. DRIWEGO HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY OR LIABILITY 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 DRIWEGO AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
23. EXCLUSIONS AND LIMITATIONS OF LIABILITY #
23.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRIWEGO 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 DRIWEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRIWEGO MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; DRIWEGO DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND DRIWEGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.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.
23.3. IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, DRIWEGO 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 DRIWEGO GUARANTEE; AND (B) RM100 (RINGGIT MALAYSIA ONE HUNDRED).
23.4. NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY DRIWEGO’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF DRIWEGO THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
24. LINKS TO THIRD PARTY SITES #
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 Driwego in any manner whatsoever and you therefore access them at your own risk. Driwego 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. Driwego 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 Driwego of any linked site and/or any of its content therein.
25. YOUR CONTRIBUTIONS TO THE SERVICES #
25.1. 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 Driwego. 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 Driwego 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.
26. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS #
26.1. 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, Driwego 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 Driwego responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
26.2. 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 Driwego. 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. Driwego 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 Driwego 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 Driwego 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.
27. YOUR REPRESENTATIONS AND WARRANTIES #
You represent and warrant that:
- 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;
- you will use the Services for lawful purposes only and in accordance with these Terms of Service our Refunds and Return Policy, Prohibited, Restricted Items Policy and Guarantee Period Policy and all applicable laws, rules, codes, directives, guidelines, policies and regulations; and
- for Users who are business entities, the address you provide the principal place of business of your business entity when registering with Driwego. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
28. Fraudulent or suspicious activity #
If Driwego, 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 Driwego 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:
- We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
- We may suspend your eligibility for Driwego Guarantee;
- 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 Malaysia or elsewhere and directed to Driwego;
- We may refuse to provide the Services to you now and in the future;
- We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Driwego, other Users or a third party, or if we believe that you have violate any of these Terms of Sevice or may be engaging in potentially fraudulent or suspicious activity and/or transactions.
For the purpses 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 Driwego.
“Reversal” means the reversal of a payment by Driwego because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by Driwego, (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 Driwego policy, or (e) Driwego decided a Claim against you.
29. INDEMNITY #
You agree to indemnify, defend and hold harmless Driwego, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, an 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 Driwego or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the Driwego Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Driwego, (d) your violation or breach of any term of these Terms of Service or any policy 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.
30. 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.
31. GOVERNING LAW #
31.1. These Terms of Service shall be governed by and construed in accordance with the laws of the Malaysia 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 Driwego or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Act 2005 and Arbitration Rules of the Asia International Arbitration Centre (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section.
31.2. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party.
31.3. The place of arbitration shall be Malaysia and shall be conducted in English language. Any award by the arbitration tribunal shall be final and binding upon the parties.
31.4. Notwithstanding the foregoing, Driwego reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
31.5. Users must exhaust all legal avenues against other Users, or any third party should any dispute, controversy or claim arises out of or relates to these Terms of Service, or the breach, termination or invalidity thereof, prior to bringing a claim against Driwego.
32. GENERAL PROVISIONS #
32.1. Driwego reserves all rights not expressly granted herein.
32.2. Driwego 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.
32.3. You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
32.4. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Driwego, nor does it authorise you to incur any costs or liabilities on Driwego’s behalf.
32.5. The failure of Driwego 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.
32.6. 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 Driwego’s affiliates and subsidiaries (and each of Driwego’s and its affiliates’ and subsidiaries’ respective successors and assigns).
32.7. 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.
32.8. 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 Malaysian Anti-Corruption Commission Act 2009 and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
32.9. Any notice required or permitted to be given by either party to the other under these Terms of Service shall be in writing addressed, if to Driwego, to email@example.com and attention to “General Counsel”, if to the Seller, to the address stipulated in the Seller’s page and if to the Buyer, to the address stipulated in the relevant order.
32.10. No waiver by Driwego of any breach of these Terms of Service by the Users shall be considered as a waiver of any subsequent breach of the same or any other provision. Driwego’s failure to enforce these Terms of Service shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Service.
32.11. Driwego reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms of Service and reserves the right to use any service providers, subcontractors and/or agents on such terms as Driwego deems appropriate.
32.12. In the event that these Terms of Service are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Service shall govern and shall take precedence over the Foreign Language Version.
32.13. Driwego reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms of Service and reserves the right to use any service providers, subcontractors and/or agents on such terms as Driwego deems appropriate.
32.14. 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: firstname.lastname@example.org.
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 BELOW, 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.