Users Terms & Conditions
1. CREATEBIZ is an online platform service that provides a place and opportunity for the sale of products and services between the buyer (“Buyer”) and the sellers (“Sellers” or “Vendors” used interchangeably) (collectively “you”, “your”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and CreateBiz is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. CreateBiz is not involved in the transaction between any Buyers and the Sellers. CreateBiz may or may not pre-screen any Buyers or Sellers or the Content or information provided by both parties. CreateBiz reserves the right to remove any Content or information posted by you on CreateBiz. CreateBiz cannot ensure that Buyers and Sellers will actually complete a transaction.
2. Before becoming a Buyer or Seller of CreateBiz, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
3. CreateBiz reserves the right to change, modify, suspend or discontinue all or any part of CreateBiz or the Services at any time or upon notice as required by local laws. CreateBiz may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. CreateBiz 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.
4. CreateBiz reserves the right to refuse to provide you access to CreateBiz or Services or to allow you to open an Account for any reason.
5. BY USING CREATEBIZ SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
6. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS CREATEBIZ. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
7. You agree to (a) keep your password confidential and use only your Buyer and Seller ID and password when logging in, (b) ensure that you log out from your account at the end of each session on CreateBiz, (c) immediately notify CreateBiz of any unauthorised use of your Account, Buyer and Seller ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your Buyer and Seller ID and Account even if such activities or uses were not committed by you. CreateBiz will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
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.
9. 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 CreateBiz shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Buyers and Sellers may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
10. Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against CreateBiz or its Affiliates (except where CreateBiz or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on CreateBiz or any dispute related to such transaction.
11. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY CREATEBIZ 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, CREATEBIZ 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.
12. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF CREATEBIZ AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. CREATEBIZ HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE BUYERS AND SELLERS, SUCH BUYERS AND SELLERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE CREATEBIZ AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
14. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREATEBIZ 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:
(i) (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
(ii) 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 CREATEBIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. 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.
16. IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, CREATEBIZ 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 RM100 (ONE HUNDRED MALAYSIAN RINGGIT ONLY).
17. If CreateBiz, 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 CreateBiz, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) CreateBiz may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) 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 a competent court or elsewhere and directed to CreateBiz;
(c) We may refuse to provide the Services to you now and in the future;
(d) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to CreateBiz or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
18. CreateBiz 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.
LEGAL NOTICES: Please send all legal notices to operations.createbiz@gmail.com and Attention it to the “Legal Customer Care”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY. I (Buyers and Sellers, all users, and/or on as the legal guardians on behalf of my children) shall be liable for and agree to indemnify CREATEBIZ EMALL SDN. BHD. against any liability, demand, claims, loss or lawsuit in respect of outstanding payment or charges for any sales, purchases, all third party claims and damages or cost due to the usage of logistics services, negligence of delivery rider or food delivery rider, CreateBiz websites and apps. I also agree to indemnify defend and hold harmless CreateBiz Emall Sdn Bhd directors, officers, employees, consultants, food delivery rider, delivery rider, agents, and affiliates from any and all third-party claims, liability, demand, claims, loss, lawsuits damages and cost. I will undertake full responsibility of all my usages of the CREATEBIZ EMALL SDN. BHD. websites. CREATEBIZ EMALL SDN. BHD. shall not be liable for any misuse of the CREATEBIZ websites, penalty charges by local authorities, and my wrong doings.
Last Updated: 01 APRIL 2022
