MyDunia | Your Lifestyle Portal | Terms and Conditions
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General Terms & Conditions of MyDunia

  1. Definitions & Interpretations

    1.1 In these Terms and Conditions, unless the context otherwise requires, the following words and phrases shall have the respective meanings assigned to them as follows: -

(a)               

“Account”

means the account registered on MyDunia by any User;

(b)               

“Affiliated Product”

means the good or service which is offered, promoted, displayed, listed or advertised for sale or supply on the Platform by MyDunia or the Supplier, whereby the Contract, or otherwise other agreement in relation thereto, shall be concluded by the Buyer with MyduniaMyDunia in accordance to the covenants as Buyer and MyduniaMyDunia may agree in writing;

(c)                

“Agency Product”

means the good or service which is offered, promoted, displayed, listed or advertised for sale or supply on the Platform by MyDunia who shall only act as an agent on behalf of Supplier who is the principal, whereby the Contract, or otherwise other agreement in relation thereto, shall be concluded by the Buyer with MyDunia (as the agent) in accordance to the covenants as Buyer and MyDunia may agree in writing whereas the delivery of good or service shall be performed solely by the Supplier;

(d)               

“Business Day”

means a day not being a Saturday, Sunday or public holiday in Selangor, Malaysia in which licensed bank under the Malaysian Financial Services Act 2013 [Act 758] is open for general banking business;

(e)               

“Buyer”

means the person who is a User and make purchases of any Affiliated Product and/or Agency Product on the Platform;

(f)                

“Collaboration Partner”

means a body corporate, partnership, sole proprietorship and/or otherwise who is in commercial collaboration, whether in writing or otherwise, with MyDunia to promote and/or offer to sell or supply its Promotional Product on the Platform or otherwise by way of displaying relevant information (including third party website link) on the Platform;

(g)               

“Contract”

means :-

(a)    the sale and purchase agreement between a vendor of a good and the purchaser of a good for change of proprietary interest from the vendor to the purchaser for valuable consideration; or

(b)    the supply of service agreement between a vendor of a service and the purchaser acquiring a service from the vendor for valuable consideration; or

(c)    combination of (a) and (b);

(h)               

“Force Majeure”

means an act, omission or circumstance relied on by any party as a force majeure event and over which that party, its sub-contractors (or in relation to Mydunia shall include Mydunia and/or its Suppliers) could not reasonably have exercised control including but not limited to acts of God, acts or omissions of any authorities, riots, acts of war, strike or lockout, acts of terrorism, epidemics, pandemics, uncontrolled spread of contagious disease, governmental orders or regulations imposed, earthquakes or other natural disasters;

(i)                

“Intellectual Property”

includes patents, trademarks, service marks, design rights, trade names, goodwill and reputations as protected by the law of passing off in any relevant jurisdiction which recognises such law, trade dress, copyrights, propriety information, industrial designs and topography rights, geographical indications, whether or not any of them are registered, and including applications for registration of any of them, and rights under licences and consents in relation to any of them and all forms of protection of a similar nature or having equivalent or similar effect to any of them which may subsist in any jurisdiction.

(j)                

“Minor”

shall mean any User herein who have yet to attain the age of majority as stated in the Malaysian Age of Majority Act 1971 [Act 21] of which shall be the age of eighteen (18) years, or the legal age of majority of any other jurisdiction;

(k)               

“MyDunia”, “we”, “us” or “our”

shall mean Multimedia Alphared Sdn. Bhd. [Company No. 202001030908 (1387228-W)] and any of its holding, related or subsidiary companies (as defined under the Malaysian Companies Act 2016 [Act 777]), and their respective directors, officers, servants, employees, consultants, agents and affiliates;

(l)                

“Platform”

shall mean MyDunia’s website at www.MyDunia.com.my and/or any mobile applications or mobile interfaces applications which provide a platform for the User to have access, view, browse or purchase AffliatedAffiliated Products, Agency Products and/or Promotional Products listed, advertised, promoted, offered or displayed in the Platform;

(m)             

“Privacy Policy”

shall have the meaning under paragraph 4.1.2.;

(n)               

“Promotional Product”

means good or service which is promoted on the Platform by a Collaboration Partner whereby the Contract, or otherwise other agreement in relation thereto, shall be concluded on the covenants between the Collaboration Partner and the User whether on the Platform or otherwise provided always that MyduniaMyDunia shall never be a party to such a Contract;

(o)               

“Relevant Data”

Shall have the meaning stipulated in the Privacy Policy from time to time;

(p)               

“Services”

shall have the meaning in paragraph 2.2 of this Terms and Conditions;

(q)               

“SST”

means the sales tax payable under the Malaysian Sales Tax Act 2018 [Act 806] and/or service tax payable under the Malaysian Services Tax Act 2018 [Act 807];

(r)                

“Supplier”

means a body corporate, partnership, sole proprietorship and/or otherwise who is in commercial collaboration, whether in writing or otherwise, with MyDunia to sell or supply :

(i)                   an Affiliated Product to MyduniaMyDunia, for the purpose of MyDunia to resell or resupply that Affiliated Product to a Buyer on the Platform; and

(ii)                 Agency Product to User through MyDunia with MyDunia as the agent for and on behalf of the Supplier to offer, promote, display, list or advertise the Agency Product on the Platform for sale or supply.

(s)               

“Terms and Conditions”

means these Terms and Conditions and all other terms, conditions and policies in relation to the use of Platform and/or Services;

(t)                

“User”

shall mean you, Buyer and any person who uses the Services on the Platform, whether or not the User has or has not registered an Account with MyDunia and shall include any person accessing, viewing, browsing on the Platform;

(u)               

“you” or “your”

means User of the Platform;

1.2 Any reference in this Terms and Conditions to any provision of a statute or code shall be construed as reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in this Terms and Conditions are for the purpose of convenience only and shall not in any way affect the interpretation of the Terms and Conditions.

1.4 Except to the extent that the context requires otherwise reference to the singular shall include references to the plural and vice versa.

1.5 No presumption or burden of proof shall arise favouring or disfavouring MyDunia by virtue of drafting of any provision of this Terms and Conditions.

  1. Introduction

    2.1 Who we are

We are pleased to welcome you MyDunia. We are Multimedia Alphared Sdn. Bhd. [Company No. 202001030908 (1387228-W)], a company duly registered under the laws of Malaysia with our registered office at No. 15, Jalan Sepadu 25/123A, Taman Perindustrian Axis, Seksyen 25, 40400 Shah Alam, Selangor Darul Ehsan.

2.2 Services

2.2.1 The services we provide or make available shall include (“Services”): -

      1. the Platform through which you can browse, view, select, reserve and/or purchase Agency Products, Affiliated Products or Promotional Products (whichever applicable);
      2. the services provided by the Platform and by MyDunia client software made available through the Platform; and
      3. 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 Platform or its related services;

whereby any software provided by us to you as part of the Services shall be subjected to the provisions of this Terms and Conditions.

2.3 Consent

2.3.1 Prior to using this Platform and/or Service, please read this Terms and Conditions carefully and upon your use of this Platform and/or Services it shall be deemed as your irrevocable acceptance and consent to this Terms and Conditions and any amendments, additional terms and conditions and policies thereof or herein linked to. This Terms and Conditions shall constitute a valid and binding legal contract between you and MyDunia.

2.3.2 This Terms and Conditions shall govern your use and access to the Platform and/or Services. If you are not agreeable to this Terms and Conditions, or if you do not understand this paragraph or this Terms and Conditions, please do not access and/or use this Platform and/or the Services.

2.4 Legal Age

In order to use the Platform and/or Services, please make sure you are of the age eighteen (18) or above. In the event that you are a Minor or you have not reached the legal age for giving consent hereunder pursuant to the applicable laws in your country, you shall immediately obtain permission from a parent or legal guardian for the use of this Platform and to open an Account and that your parent or legal guardian shall agree to the provisions of this Terms and Conditions. If you are the parent or legal guardian of a Minor, you shall upon the creation of an Account on behalf of the Minor, accept the Terms and Conditions on the Minor’s behalf and you shall thereby be responsible for all use of the Platform and/or Services via the Account, whether such Account is currently open or created later. You hereby fully release and hold harmless MyDunia from any and all liability which may arise from the Minor’s use of the Platform and/or Services.

2.5 Contract or other related agreement for Affiliated Products and Promotional Product

General

2.5.1 Any content or information made available on the Platform in connection with the supply of Agency Product, Affiliated Product and/or Promotional Product, including photographs, delivery information, specifications, consumption of operating materials, operating costs or any information disclosed by MyDunia through the listing or chat system are not binding and for information purposes only and the Buyer and/or User hereby acknowledges that it does not rely on and waives any claims, request, proceedings, demand, prosecution whatsoever based on any such representations or information so provided in relation to such Agency Product, Affiliated Product and/or Promotional Product.

2.5.2 MyDunia does not provide any warranty or undertaking that any such description of Agency Product, Affiliated Product and/or Promotional Product is entirely accurate, current or free from error. In the event that the Agency Products, Affiliated Product and/or Promotional Product the Buyer and/or User receives is fundamentally different from the Affiliated Product and/or Promotional Product as described on the Platform and which the Buyer and/or User has ordered, the Terms and Conditions herein shall apply. For the avoidance of doubt, any typographical, clerical or any other error or omission in any quotation, invoice or any other document or information issued by MyDunia in this Platform shall be subject to correction without any liability on the part of MyDunia.

Agency Products

 2.5.3 In the event the User has placed an order on the Platform for the purchase of any Agency Products as offered, marketed, promoted or advertised for sale on the Platform, a Contract or other related agreement is entered into directly between the Buyer and MyDunia. However, MyDunia shall be deemed only responsible of: -

      1. the selling, booking, buying, ordering, pre-ordering, reservation of Agency Products;
      2. the processing of the payment of the purchase price of the Agency Products for and on behalf of the Supplier as its agent and matters related thereto;
      3. transmitting the relevant details of the Buyer’s order between Buyer and Supplier, sending Buyer a confirmation email or other communication for and on behalf of the Supplier; and/or
      4. any relevant facilitative process in relation thereto;

in the capacity as the agent between the Buyer and the Supplier of Agency Products whereby the relevant Supplier shall be fully responsible of delivering relevant Agency Products to the Buyer.

Promotional Products

2.5.4 In the event that the User has placed an order on the Platform for the purchase of any Promotional Products sold by Collaboration Partner, a Contract or other related agreement is entered into directly between the Buyer and the Collaboration Partner. In such event, MyDunia shall not be part of any such Contract or other related agreement and MyDunia shall not accept any obligation or responsibilities in connection with any such Contract or other related agreement. Parties of such Contracts or other related agreement shall be responsible for the said Contract or other related agreement, the listing of the Promotional Products, warranty and any other matters in relation to the said contract. The User shall hold MyDunia harmless and indemnify MyDunia to the fullest extent permitted by the applicable laws from any disputes, claims, request, proceedings, demand, prosecution howsoever arising from the contract between the User and Collaboration Partner.

2.5.5 MyDunia, through the Platform, provides Collaboration Partners the opportunity to advertise, market, sell, promote and/or offer for sale of Promotional Product and by entering into Contract or otherwise other agreement related to Promotional Products through use and access of Platform and/or Services, you shall enter into a direct contractual relationship with Collaboration Partner. MyDunia shall act solely as a delivery agent between you and the Collaboration Partner, similar to the relationship of postal service provider in a postage, by transmitting the relevant details of your order to the relevant Collaboration Partner and sending you a confirmation email or otherwise other communication for and on behalf of the Collaboration Partner. MyDunia does not in any manner resell, sell, rent out, or offer or be deemed of doing the same in relation to the Promotional Products.

2.5.6 Where any Promotional Product are to be provided, it shall be fulfilled by the Collaboration Partner upon purchase of the same by the User on the Platform, User shall in additional to this Terms and Conditions comply with the terms and conditions as imposed by the Collaboration Partner and the User hereby acknowledges that MyDunia shall assume no responsibility whatsoever from the User’s breach of terms and conditions imposed by any Collaboration Partner. To the extent permitted by law, MyDunia shall not in any way be responsible or liable for the acts or omissions of a Collaboration Partner, and you shall have the sole responsibility for any obligations or liabilities to the Collaboration Partner. MyDunia does not make any representations and shall not be construed as making any suggestions or recommendations on the rating or level of quality of the Promotional Products as listed on the Platform or in any other third party website link as stated in the Platform, and in no event shall we be responsible or liable for any information, content or other materials in relation to Promotional Products made available by Collaboration Partners.

Affiliated Products

2.5.7 The availability of the Affiliated Products herein presented on the Platform shall depend on the availability of stock of MyDunia and MyDunia does not guarantee the availability of the Affiliated Products. In order to ensure that Affiliated Products are available to Buyer, MyDunia shall be entitled to set maximum limits in advance for the purchase of Affiliated Products by a single Buyer and MyDunia shall not be in any manner be held liable whatsoever to the Buyer.

2.5.8 In the event that you have placed an order on the Platform for the purchase of any Affiliated Product, a Contract or related agreement is entered into directly between you as the Buyer and MyDunia.

2.6 Termination

Without prejudice to any rights and remedies entitled by MyDunia in this Terms and Conditions, the law and/or equity, MyDunia shall be entitled to, without any prior written notice to you, immediately terminate or revoke any or all of your rights granted under this Terms and Conditions including any Contract or other related agreement in relation to Affiliated Products or Agency Product entered between you and MyDunia. Upon any termination of your Account under this Terms and Conditions, you shall forthwith discontinue and cease all such access and use to the Platform and/or Services. MyDunia shall be entitled to revoke all such information of your registered Account, including but not limited to the password(s) and account identification issued to you by MyDunia and to further deny access by you to and use of the Platform and/or Services. Notwithstanding the foregoing, nothing herein shall affect the rights and obligations of MyDunia and you including but not limited to the obligation of you to make any such payment due and payable to MyDunia, therein arising prior to the termination as contemplated herein. You hereby agree that MyDunia shall not be in any manner liable to you or any other person as a result of such termination. In the event that you are dissatisfied with the termination, Platform, Services or any content of MyDunia, you shall forthwith discontinue to use the Platform and/or Services, of which such discontinuance shall be your sole remedy to such dissatisfaction.

  1. Terms of Use

    3.1 Grant of License & Restrictions

You are hereby granted by MyDunia a limited and revocable license to access and use the Platform and/or Services provided by MyDunia subject to the provisions of this Terms and Conditions. All Intellectual Property as displayed, shown and published in the Platform shall be the property of MyDunia and, where applicable, third party proprietors as identified in the Platform. For the avoidance of doubt, no right or license is in any way or any manner granted directly or indirectly to any party accessing or using the Platform and/or Services, for the use or reproduction of any Intellectual Property and no party shall claim any right, title or interest therein other than proprietor thereof. MyDunia reserves all rights to the software not expressly granted by MyDunia hereunder. Any third-party scripts or code, whether linked to or references from the Services as abovementioned are hereby licensed to you by are not by MyDunia but by such third-party(ies) who owns such scripts or code.

3.2 By using and accessing the Services and/or Platform, you hereby further warrant and undertake not to: -

    1. violate any applicable laws and regulations, including but not limited to any laws and regulations in relation to the export and import restrictions and third party rights;
    2. upload, post, transmit or otherwise make available any content features an unsupervised Minor on the Platform or use the Services to in any way cause any harm or injury to Minors;
    3. display, show, upload, post, transmit or otherwise make available any content which is harmful, unlawful, threatening, abusive, distressing, controversial, seditious, harassing, tortuous, defamatory, obscene, libelous, vulgar, invasive, hateful, discriminative, or racially, ethically or religiously objectionable;
    4. use the Services and/or Platform for the impersonation of any person and/or entity, or in any way misrepresent your affiliation with any such person and/or entity;
    5. remove any proprietary notices, posts or publications from the Platform;
    6. forge, copy or otherwise manipulate identifiers or headers for the purpose of disguising the original consent transmitted through the Services therein;
    7. without the express approval of MyDunia cause, permit or authorize the modification, creation of derivative works or translate the Services;
    8. in any manner utilize the Services for the benefit of any third party without the prior permission by the licenses herein granted;
    9. utilize the Services or upload any content in any manner deemed fraudulent, false, unconscionable, misleading or otherwise deceptive to others;
    10. open and/or operate multiple user accounts in MyDunia in connection with any conduct which may violate or contravene the purpose of this Terms and Conditions;
    11. access the Platform and/or Services, or otherwise access your user account registered in MyDunia herein using an emulator, simulator, bot or any other hardware or software of the like;
    12. manipulate the price of any item or interfere with other User's listings on MyDunia;
    13. take any action which may potentially undermine the MyDunia’s feedback or ratings systems;
    14. 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 which have been implemented by MyDunia in relation to the Services and/or data transmitted, processed or stored by MyDunia;
    15. collect or processing any Relevant Data of any other Account holders without the explicit consent of such Account holder;
    16. upload, publish, send, post, transmit or otherwise make available any content in the Platform which you do not have a right to make available under any law or under any contractual or fiduciary relationships;
    17. upload, publish, send, post, transmit or otherwise make available any content in the Platform which may infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    18. upload, publish, send, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk messages or mail, “spam”, chain messages, illegal schemes or any other unauthorized or unlawful form of solicitations;
    19. upload, publish, send, post, transmit or otherwise make available any material which may contain any software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment, whether directly or indirectly, intentionally or unintentionally;
    20. interfere, hinder or disrupt the normal flow of dialogue, which may cause in any manner that adversely cause or affects other Users' ability to engage in any real time exchanges in the Platform;
    21. interfere with, manipulate or disrupt the Services, servers or networks connected to the Services and/or Platform or any other User's use and enjoyment of the Services and/or Platform;
    22. in any manner disobey or disregard any such requirements, procedures, policies or regulations of networks connected to the Platform;
    23. engage in any conduct which could damage, disable, overburden, or impair the Services and/or Platform or the servers or networks connected to the Services, whether directly or indirectly;
    24. use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the United States Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union, British Her Majesty’s Treasury, Malaysian Ministry of International Trade and Industry and/or other relevant authority of any jurisdiction.
    25. use the Services to for the purpose of violating the privacy of others, or to stalk or harass others;
    26. infringe the rights of MyDunia, including any Intellectual Property rights and any passing off of the same thereof;
    27. use the Services to intentionally or unintentionally violate any applicable law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements including but not limited to the Malaysian Anti-Money Laundering, Anti Terrorism Financing and Proceeds of Unlawful Activities Act 2001 [Act 613] and any amendments thereof or any relevant written laws in other jurisdcctions;
    28. use the Services for the processing of any Relevant Data of any other User(s) in connection with the prohibited conducts and violations stated above; and/or
    29. use the Services in a manner which will infringe the Intellectual Property rights of third parties or MyDunia

3.7 You hereby acknowledge and agree that MyDunia may, in its sole and absolute discretion and at any time, cease or discontinue the provision of Services on the Platform or any other website, whether in part or as a whole, without providing any notice or assigning any reason to you.

  1. Privacy

    4.1 Privacy Policy & Relevant Data

4.5.4 All Relevant Data provided to MyDunia by you shall be handled, stored and processed according to our Privacy Policy and Act 709.

4.5.5 By accepting this Terms and Conditions, you hereby acknowledge that you have read and agree with the Privacy Policy as set out at https://www.mydunia.com.my/privacy-policy.

4.5.6 You hereby agree that MyDunia shall be entitled to process any Relevant Data provided by you in accordance with our Privacy Policy. You further agree and acknowledge that the proprietary rights of your information as a User herein the Platform are jointly owned by you and MyDunia whereby you shall not in any way whether directly or indirectly disclose your information as a User in the Platform to any third party(ies) or allow any access of the same by any third party(ies), without the prior written consent of MyDunia.

4.5.7 You shall be entitled to at any time withdraw the consent of MyDunia’s right to use or disclose your information in accordance to our Privacy Policy. You may proceed with the withdrawal in accordance to the provisions as laid out by MyDunia from time to time under our Privacy Policy. Any information not being Relevant Data provided to MyDunia by you will generally NOT be treated as confidential. Thus, you are hereby encouraged to refer to the Privacy Policy for further understanding on, among others, how MyDunia collects, use and process the information in relation to your Account and/or your use and access of the Platform and/or Services.

4.2 Relevant Data of Minor

If you are a parent or legal guardian of a User who is a Minor, you hereby acknowledge that you have read our Privacy Policy and you hereby consent to the Minor’s use and access to the Platform and/or Services. You hereby further consent and agree to this Terms and Conditions, our Privacy Policy and any other terms and conditions and policies in relation thereto, on the processing of the Minor’s Relevant Data and the use and access of the Platform and/or Services by the Minor.

4.3 Cookies

Your browser may store any cookies on your system based on the preference as set on your browser. Cookies will gather information about your operating system including but not limited to the browser type and Internet Protocol (IP) address. Thus, MyDunia may utilize this information for the purpose of analyzing the traffic of the Platform in order to improve our Platform and Services for your better experience. You hereby acknowledge that it is not our intention to utilize such information for the purpose identify any User of the Platform and/or Services personally whereby you agree that you are provided with the option to configure your browser to notify you when you receive a cookie and to give you the option to accept or deny it. You may block all cookies if you desire so but you may not be able to utilize all of the functionality available on the Platform and/or Services.

  1. Content in Platform

5.1 You hereby affirm, represent and warrant that you are the owner or you have the necessary license, right, permission, approval or consent to publish any content in the Platform.

5.2 By publishing any content to the Platform by you, you hereby confirm that you shall own the Intellectual Property rights to such content. However, if the content so published by you contains any Intellectual Property which is not owned by you, you shall, for our MyDunia’s verification purposes, always be deemed to have obtained from the Intellectual Property rights owner of the approval prior to the publication, upload, share or distribution of the said content to the Platform whether or not you have actually obtained the same. You shall be solely and entirely liable for any content you publish on the Platform and you shall hold MyDunia harmless and indemnify MyDunia to the fullest extent permitted by the applicable laws from any disputes, claims, request, proceedings, demand, prosecution howsoever arising from the infringement of Intellectual Property rights from any such content. MyDunia shall be discharged from all liabilities as you are always deemed to have obtained from the Intellectual Property rights owner of the approval prior to the publication, upload, share or distribution of the said content to the Platform whether or not you have actually obtained the same in the eye of MyDunia.

5.3 MyDunia does not in any manner whatsoever endorse any content uploaded to the Platform or in using the Services by any User or any other licensor, any opinion, recommendation, or advice expressed therein, and we hereby expressly disclaim any and all liability in connection with any such content. You shall be solely and entirely liable for any content you publish on the Platform and you shall hold MyDunia harmless and indemnify MyDunia to the fullest extent permitted by the applicable laws from any disputes, claims, request, proceedings, demand, prosecution howsoever arising from the defamation, invasion of privacy or any other laws resulting from any such content.

5.4 By using the Platform, you hereby agree to grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and/or perform the content in connection with the Services and our (and our parent company’s successors’ and affiliates’) business including but not limited to for the purpose of promotion and redistribution part of all of the Services with the derivative works thereof, in any formats and through any channels.

5.5 You hereby grant each User of the Platform and MyDunia a non-exclusive, irrevocable and perpetual licence to access content published by you through the Platform, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Platform in accordance to this Terms and Conditions.

5.6 All content found on the Platform are published or provided on an “as is” and “as available” basis and such content shall include any material and information provided by any third-party(ies). MyDunia reserves the right to change, rearrange, add, delete or otherwise modify any content published or presented on the Platform without providing any prior notice to any User.

5.7 MyDunia shall not, to the extent permitted by law, be responsible or liable for any content uploaded to the Platform by you, Supplier, our Collaboration Partner and/or any other licensor, any opinion, recommendation, or advice expressed therein, and we hereby expressly disclaim any and all liability in connection with any such content. You shall hold MyDunia harmless and indemnified to the fullest extent permitted by the applicable laws from any disputes, claims, request, proceedings, demands, prosecutions howsoever arising from the defamation, invasion of privacy or any other laws resulting from any such content published or uploaded by you. In the event of any disputes, claims, request, proceedings, demands, prosecutions howsoever arising from the defamation, invasion of privacy or any other laws resulting from any such content published or uploaded by Supplier or our Collaboration Partner and/or any other licensor with you, you hereby warrants and undertakes to hold MyDunia harmless and indemnified to the fullest extent permitted by the applicable laws from such disputes, claims, request, proceedings, demands, prosecutions howsoever arising.

5.8 By using and accessing the Services and/or Platform, you hereby warrant and undertake: -

    1. to comply with all applicable laws and regulations of Intellectual Property rights including but not limited to copyright, trademark and service mark laws which protect the Services, the Platform and any content therein;
    2. to not copy, distribute, republish, transmit, publicly display, publicly perform, modify, rent, sell, adapt, reverse engineer or create any derivative works in relation to any portion of the Services, the Platform and any content therein;
    3. unless otherwise permitted in writing by us, to not frame or mirror any contents in the Platform, whether in whole or any part thereof, on any other server or as part of any other website; and
      to not without the prior written consent of us use any robot, spider or any other automatic devices or manual process for the purpose of monitoring or copying any content of the Platform.


5.9 In the event that you wish to address on any infringement claims made against the content published by you, you shall submit to us the followings: -

    1. the grounds of your objections;
    2. any proof which shows that you are authorized to act on behalf of or the Intellectual Property rights owners; and/or
    3. any legitimate proof in relation to your ownership to the Intellectual Property rights in question;

whereby MyDunia shall reserve the absolute rights and discretion to request for any further information or documents in relation to such matter. However, in any event you are strongly advised to resolve any Intellectual Property rights disputes against any other User(s) with the User(s) directly as MyDunia is not obliged to resolve or mediate any such disputes.

  1. Account

    6.1 Your registration for an Account on the Platform shall be required for the access of certain features and functions of the Platform and/or Services. You shall be entitled to create an Account by using your email and password to be created subject our requirements and to provide certain information required for the said registration. The creation of an Account in the Platform shall require you to furnish MyDunia with your Relevant Data of which shall include but not limited to your name, national registration identity card (“R.I.C.”) number or passport number, telephone number, date of birth, email address, nationality and any other information (collectively “Registration Information”) as may be deemed necessary by us. You shall be responsible to constantly keep the information updated or upon requests by us for identification and verification purposes.

    6.2 You hereby agree to keep MyDunia harmless and fully indemnified for any and all losses, damages or liability incurred or suffered by you arising from any inaccurate, false and/or forged Registration Information herein provided to MyDunia by you during or after the creation of Account.

    6.3 In the event that you have used the email of any third party for the purpose of registration of Account, MyDunia shall have the right to suspend or terminate your Account at its sole and absolute discretion without any reasons being assigned to you.

    6.4 In the event that you use your Account to gain access to any other products, websites, third-party websites or services to which we have enabled access or with which we have tied up or collaborated, MyDunia shall assume no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites, third-party websites or services howsoever arising and any dispute arising therefrom shall by settled between you and the third party without involvement of MyDunia. You shall hold MyDunia harmless and indemnify MyDunia to the fullest extent permitted by the applicable laws from any disputes, claims, request, proceedings, demand, prosecution howsoever arising from any dispute between you and the third party.

    6.5 By the creation of an Account and your use of the Platform and/or Services, you hereby grant us a non-exclusive license to use the materials or information which you have submitted to the Platform and/or provided to us, including but not limited to any questions, reviews, comments, and suggestions (“Submission”). You further hereby grant us the right to use your name or email which you have submitted in connection to the submission. Therefore, you shall not use any false e-mail address or in any manner pretend to be someone other than yourself which may mislead us or third-party(ies) as to the original maker of the Submissions failing which we shall be entitled to take any action including but not limited to delete or edit such Submission.

  2. Security

7.1 Pursuant to your use of Account, you hereby agree to : -

    1. keep your password confidential and shall only use your registered email and password upon logging in to the Platform;
    2. ensure that you have logged out from your Account at the end of each session on the Platform;
    3. promptly notify MyDunia of any unauthorized use of your Account, email and/or password that you have registered;
    4. ensure that all information in your Account are accurate, not misleading and up-to-date.

7.2 In any event, you shall be fully responsible for all activities which have occurred in connection to your Account even if such activities were not committed or authorized by you. You agree that MyDunia shall not in any way liable for any loss or damage arising from any unauthorized use of your Account, email and/or password you registered or your failure to comply this paragraph and this Terms and Conditions.

7.3 For the purpose of security of Platform and/or Services, you agree that MyDunia shall be entitled to, without notice or assigning any reason to you or to any third party, immediately terminate your Account, and to thereon remove and discard from the Platform and/or Services any Submission in association with your Account. You further agree that MyDunia shall be entitled to temporarily withhold any sale or refunds, and/or to take any other actions which deemed appropriate or necessary by MyDunia.

7.4 MyDunia shall be entitled to invoke paragraph 7.3 in any events deemed necessary by MyDunia including but not limited to: -

    1. extended periods of idle or inactivity;
    2. violation of the letter or spirit of this Terms and Conditions;
    3. illegal, fraudulent, harassing, defamatory, threatening or abusive behavior;
    4. having multiple Account;
    5. buying Affiliated Products or Agency Products on the Platform for the purpose of commercial re-sale unless such commercial re-sale is expressly agreed between you and MyDunia in the Contract or other related agreement;
    6. abnormal or excessive purchase of same Affiliated Products or Agency Products from the Platform;
    7. misuse of voucher (if any), including but not limited to, selling of vouchers to third party(ies) and abnormal or excessive use of vouchers on the Platform; or
    8. any behavior by you which is deemed harmful to other Users, third party(ies) or any business interest of MyDunia.

7.5 Any use of an Account by any party for illegal, fraudulent, harassing, stalking, defamatory, threatening or abusive purposes may be referred to law enforcement authorities by MyDunia without any notice to you. In the event that any legal dispute shall arise or law enforcement action is being commenced in relation to your Account or your use or access of the Platform and/or Services for any reason, MyDunia shall be entitled to terminate your Account forthwith without providing any notice to you.

7.6 In the event that any User is desirous to terminate its Account, User may do so in writing via email at [email protected] In any event and notwithstanding any such termination, Users shall remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the Affiliated Products and/or Agency Products ordered, payment for the Affiliated Products, Agency Products or the like whereby Users shall contact MyDunia after the User has duly completed all such incomplete transactions in accordance to this Terms and Conditions. You hereby agree that MyDunia shall have no liability, and shall not be liable for any penalty, claim, fines or damages incurred due to the actions taken by MyDunia in accordance to this Terms and Conditions. You hereby further waive any and all claims pursuant to any such actions taken by MyDunia herein.

  1. Violation of this Terms & Conditions

8.1 In the event that you have violated any provision of this Terms and Conditions, the result shall include but not limited to the followings: -

In the event that you believe or suspect a User on the Platform is violating this Terms and Conditions, please make a report via email to us at [email protected].

  1. Payment Methods for Affiliated Products

    9.1 MyDunia provides various payment methods on the Platform for the Buyer. A contract shall be formed when a Buyer places an order on the Platform and the order of Affiliated Products or Agency Product has been accepted by the MyDunia. Notwithstanding anything herein, the Buyer hereby acknowledge that MyDunia shall be entitled to require the Buyer to pay in any one (1) of the designated payment methods as stipulated in paragraph 9.2. below.

9.2 The payment methods may include any designated payment instruments allowed by the laws of Malaysia from time to time including but not limited to the followings:

    1. Credit Card
      MyDunia accepts credit card payments whereby such payment shall be processed through third-party channels and such channels shall vary depending on the type of credit card used by the Buyer;

    2. Debit Card
      MyDunia accepts debit cards payments, subject to bank availability and such payment shall be processed through third-party channels and such channels shall vary depending on the type of debit card used by the Buyer; or

    3. Online Banking
      Buyer shall be entitled to make certain payments on the Platform by way of online banking transfer whereby such method may bring the Buyer to the relevant website of the bank for the completion of payment transaction.


9.3 Buyer shall only be entitled to choose or change the preferred mode of payment as provided on the Platform for their purchase prior to the making of payment by the Buyer.

9.4 Any payment made by the Buyer shall, unless otherwise indicated, be made in the currency of Ringgit Malaysia and shall be inclusive of any SST, import duty and excise, fees, shipping costs or other costs as determined by MyDunia from time to time.

9.5 Buyer hereby agree not to make any claim against MyDunia for any failure, disruption or error in connection with the Buyer’s chosen mode of payment. MyDunia hereby reserves the right at any time to modify or discontinue, temporarily or permanently, any mode of payment without notice to the Buyer or without assigning any reason.

9.6 MyDunia assumes and takes no responsibility or liability for any loss or damages caused to the Buyer arising from payment information provided by the Buyer or in respect of any discrepancy on the remittance of payment by Buyer in connection with the Affiliated Product and/or Agency Product purchase.

  1. Payment Verification and Cancellation of purchase price of Affiliated Products and/or Agency Products

10.1 If your payment is accepted upon checkout process at the Platform, such payment shall be made in favour of MyDunia. Upon acceptance of the said payment, you authorize MyDunia to (i) verify your payment method and (ii) upon verification charge your payment method during the checkout process.

10.2 In the event that your purchase or account shows any sign of fraud, abuse or being associated with government sanctioned person or entity or any other suspicious activity, MyDunia shall be entitled to request additional information from you and, if necessary, cancel the relevant transaction where such confirmation is not available or such transaction is concluded at MyDunia’s sole opinion to be associated with fraudulent or suspicious activity. MyDunia shall reserve the right to take any necessary legal actions including holding you liable for any monetary losses.

  1. Terms of Sales of Affiliated Products

11.1 Orders & Specifications

11.1.1 The Buyer may purchase the Affiliated Products offered for sale on the Platform by placing and completing the order form on the Platform. The Buyer shall bear the sole responsibility and liability for ensuring that the accuracy of the order and such order shall be subject to the acceptance by MyDunia of which shall be MyDunia’s discretion. Each order accepted by MyDunia shall constitute a Contract between the Buyer and MyDunia and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. MyDunia shall be entitled but not obliged to process such orders without further consent from the Buyer.

11.1.2 In the event that the Buyer requests to cancel or to amend the order made, the Buyer may request to cancel or amend the order which MyDunia shall reserve the absolute discretion and subject to commercial reasonable effort to effect the cancellation or amendment of order.

11.1.3 The order made by the Buyer and accepted by MyDunia shall be deemed completed upon MyDunia’s issuance of a confirmation of the purchase of Affiliated Product to the Buyer. MyDunia shall be entitled to refuse or cancel any order without assigning any reasons to any party prior to the issuance of the confirmation of purchase. MyDunia shall be entitled to further require the Buyer to furnish MyDunia with any additional information for verification purposes including but not limited to address and contact numbers prior to issuing a confirmation of purchase.

11.1.4 Buyer hereby agrees that no Contract duly made with the MyDunia may be modified or cancelled by the Buyer except with prior written consent from MyDunia and the Buyer shall further indemnify and keep MyDunia fully indemnified against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses as may be incurred by MyDunia as a result of the modification or cancellation.

11.2 Price & Payment for Affiliated Product

11.2.1 You hereby agree that the price of the Affiliated Products as stipulated on the Platform from time to time and at the time which the Buyer places and completes the order on the Platform shall be final and absolute. The price may include any applicable tax, import duties and excise, value added tax and/or similar tax which the Buyer shall be liable to pay to MyDunia in addition to the price, excluding any shipping costs unless otherwise stipulated in any amended terms and conditions as published from time to time on the Platform.

11.2.2 In the event that price of an Affiliated Product has been misstated on the Platform, MyDunia shall reserve the right to terminate the order, in which MyDunia shall notify the Buyer of such cancellation by giving written notice within such duration as Mydunia stipulated in the Platform and refund will be made by MyDunia within such duration as Mydunia stipulated in the Platform to the Buyer in the event have Total Purchase Price (as hereinafter defined) been paid by Buyer. MyDunia shall be entitled to terminate the order notwithstanding that the Affiliated Products have been duly dispatched or are in transit or that payment of Total Purchase Price (as hereinafter defined) has been charged to Buyer.

11.3 Delivery of Affiliated Products

11.3.1 Upon receipt of the Total Purchase Price made by Buyer for any order of Affiliated Product, MyDunia shall forthwith issue a confirmation notice to the Buyer on the Platform and/or to the Buyer’s email address. All shipping fees shall be determined by MyDunia whereby relevant shipping fees (if any) will be stipulated and displayed to the Buyer during the checkout process on the Platform prior to the payment of total purchase price inclusive of the shipping fee (if any) [“Total Purchase Price”] payable by the Buyer.

11.3.2 The delivery of the Affiliated Product ordered shall then be made by MyDunia or the relevant Supplier to the address as specified by the Buyer in its order whereby MyDunia and/or Supplier shall not in any way be responsible or liable for any damages, loss and/or costs caused to the Buyer arising from the omissions, typographical errors, negligence or otherwise misstatement of shipping information provided by the Buyer. MyDunia and/or Supplier shall be entitled to at any time sub-contract all or any of its obligations for the delivery of the Affiliated Products ordered pursuant to any order provided that MyDunia and/or Supplier shall provide the details of the third party sub-contracted delivery including the name and delivery status to the Buyer through the Platform. In the event that a third-party sub-contracted delivery service is used, the delivery policy or terms and conditions provided by such third-party sub-contracted delivery service may apply.

11.3.3 If you have made orders of more than one (1) Affiliated Products on the Platform, the Affiliated Products ordered may be delivered to you in separate packages at separate times.

11.3.4 The time for delivery and/or performance of the delivery shall not be of the essence. Any date stipulated on the listing for the delivery of the Affiliated Products are approximate only and MyDunia and/or Supplier does not guarantee the delay will not occur and MyDunia and/or Supplier shall not be liable for any delay for delivery and/or failure of performance of delivery howsoever caused.

11.3.5 In the event that the MyDunia and/or Supplier has failed to deliver the Affiliated Products within the time stipulated for the relevant order, the Buyer shall be entitled to, through a written notice, request for the performance within a specified time to be mutually agreed by both Buyer and MyDunia thereafter. In the event that MyDunia is of the opinion that MyDunia and/or Supplier is unable to meet the estimated delivery period, MyDunia shall be entitled to cancel the order and make a refund of the Total Purchase Price made by the Buyer in respect of the undelivered Affiliated Products in accordance to this Terms and Conditions.

11.3.6 Risk of damage to or loss of the Affiliated Products ordered shall pass to the Buyer at the time of delivery or if the Buyer fails to take delivery of the Affiliated Products ordered then such risk shall pass to the Buyer at the time when the MyDunia and/or Supplier has tendered the delivery of the Affiliated Products. You are hereby advised and encouraged to obtain the adequate insurance coverage for the delivery of the Affiliated Products purchased. MyDunia and/or Supplier shall not in any way be liable for any damage, expense, costs or fees incurred therefrom and the Buyer shall reach out to the sub-contracted logistic service provider to resolve any dispute in relation thereto.

11.3.7 For any cross-border delivery, you understand and acknowledge that where a Affiliated Products is listed to state that the Affiliated Products shall be delivered from overseas, such importation and exportation of the Affiliated Products shall be subject to the applicable laws and regulations in relation thereto and you shall understand that import and export restrictions of the relevant jurisdiction may be imposed.

11.3.8 The property in the Affiliated Products shall not pass to the Buyer until the full Total Purchase Price of the said Affiliated Products have been paid by the Buyer to MyDunia and such fund has been proven cleared.

11.3.9 Whereupon the property in the Affiliated Products has not been passed to the Buyer but the property has been delivered to the Buyer, such Affiliated Products shall be deemed as the property of MyDunia and MyDunia shall be entitled to at any time to demand the Buyer to return the Affiliated Products to MyDunia and in the event of non-compliance MyDunia shall be entitled to take legal action against the Buyer for the same and also without prejudice to its rights and remedies to seek damages and all other costs including but not limited to legal fees against the Buyer.

11.4 Refusal and Cancellation of Order of Affiliated Products

11.4.1 In the event of any occurrence of exceptional circumstances, we shall be entitled to refuse to process an order after we have sent you an order confirmation at our sole discretion, at any time at our sole discretion without providing any notice or assigning any reason for such withdrawal. In the event of such refusal of order and that you have made any payment pursuant to that order, such amount of payment made by you shall be refunded to you within such duration as MyDunia stipulates on the Platform.

11.4.2 Notwithstanding anything herein, you hereby agree that we shall not in any way be liable to you or any other third party by reason of withdrawal of the order in accordance to paragraph 11.4.1. above.

11.4.3 You may request for cancellation of order by making a written request via email to [email protected] prior to the Affiliated Products being dispatched by MyDunia and/or Supplier. Notwithstanding anything herein, no order of Affiliated Products can be cancelled by the Buyer in the event that the delivery of the Affiliated Products purchased by you have been commenced by MyDunia and/or Supplier.

11.5 Returns, Refunds & Replacement of Affiliated Products

11.5.1 Some but not all Affiliated Products duly sold on MyDunia may be eligible for returns within the period of time as stipulated in the Platform on the Platform. If the Affiliated Products is eligible for return, the Buyer may proceed with the returns process by contacting MyDunia through the Platform. The listing of the Affiliated Products will further indicate the terms and conditions in respect of the return of that specific Affiliated Products.

11.5.2 Notwithstanding anything herein, return of the sold Affiliated Products may only be applicable to the Buyer upon any of the following circumstances: -

      1. the Affiliated Products delivered to the Buyer is defective and/or damaged upon the delivery;
      2. the specification, material or measurement of the Affiliated Products does not correspond to the description as stipulated in the Affiliated Products’ listing;
      3. the Affiliated Products is not of merchantable quality or does not reasonably fit for the purposes of the Affiliated Products; or
      4. such other circumstances as may be prescribed or agreed by MyDunia from time to time.

11.5.3 For the avoidance of doubt, no Affiliated Products shall be returned by the Buyer if the Affiliated Products has been used in any way.

11.5.4 The return of any perishable Affiliated Products shall not be allowed. Notwithstanding the foregoing, any milk formula Affiliated Products shall be returnable unless opened or consumed.

11.5.5 The application for return of the purchased Affiliated Products may be subject to any additional terms and conditions as prescribed by MyDunia at its sole discretion whereby MyDunia reserves all rights to reject any application for return.

11.5.6 For the replacement or refund of a purchased Affiliated Products, the Buyer shall fill in and submit the online replacement or refund form as provided through the Services provided on the Platform. The purchased Affiliated Products shall be returned to MyDunia within such duration as stipulated in the Platform from the date of delivery by the Buyer and the calculation of date shall start from the date the Buyer receives the purchased Affiliated Products to the post stamp date on the returned parcel.

11.5.7 In the event MyDunia has approved any online replacement or refund form, you hereby agree that :-

      1. in respect of refund, your refund shall be processed by the issuance of a refund coupon to your Account or crediting the refund back to your bank account or credit card, in accordance to the details as provided by you or other methods as selected by you through the said refund form within the time period as informed by MyDunia or otherwise stipulated on the Platform;
      2. in respect of replacement, your replacement Affiliated Products will be delivered by MyDunia or the relevant Supplier within such duration as stipulated in the Platform subject to the availability of the replacement Affiliated Products whereby the receipt of your delivery of the said replacement shall constitute the conclusion of your purchase of the Affiliated Products and no further refund, replacement or return may be made in respect of the replaced Affiliated Products.

11.5.8 For any further enquiries on the return, refund and replacement of Affiliated Products, kindly contact us at [email protected]

11.6 Warranty of Affiliated Products

11.6.1 All Affiliated Products’ image, description, information and materials as posted on this Platform are provided on “as is” basis and without warranties whether express, implied or otherwise howsoever arising. MyDunia does not take any responsibility for any inaccuracy or error in the presentation, display and broadcasting of such information of Affiliated Products.

11.6.2 MyDunia warrants that the Affiliated Products shall correspond with their specifications as provided at the time of delivery, and any warranty provided by MyDunia and stipulated on the listing of the Affiliated Products (“MyDunia’s Warranty”) which shall be subject to the following conditions: -

      1. no condition is to be made or implied nor is any warranty given or to be implied as to the life or wear of the Affiliated Products supplied or that such Affiliated Products will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to MyDunia;
      2. any description given of the Affiliated Products is given by way of identification only and the use of such description shall not constitute a sale by description;
      3. MyDunia binds itself only to deliver Affiliated Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. MyDunia does not give any warranty as to the quality state condition or fitness of the Affiliated Products;
      4. MyDunia shall not be responsible or liable for the following actions taken by the Buyer or any third party(ies) and the consequences thereof:-

        1. alteration of the Affiliated Products without the prior agreement or instruction of MyDunia;
        2. any improper remedy of defects; or
        3. any additional and insertion of parts, in particular of spare parts which are not provided or purchased from MyDunia;
      5. MyDunia shall not be responsible or liable for any defect arising from any unsuitable or improper use, defective installation or commissioning by the Buyer or any third party(ies), fair wear and tear, improper maintenance, negligence, abnormal working conditions, wilful damage, defective or negligent handling, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow MyDunia's instructions (whether oral or in writing), misuse, alteration or repair of the Affiliated Products without MyDunia's approval.

      6. MyDunia shall not be liable for any damage, loss or liability of any kind suffered by Buyer and/or any third party directly or indirectly caused by repairs or remedial work carried out by Buyer and/or any third party without MyDunia’s prior written approval and the Buyer shall keep MyDunia harmless and fully indemnified against each liability, damage, loss and/or cost arising out of such claims.

      7. MyDunia shall not be responsible or liable under MyDunia’s Warranty (or any other warranty, condition or guarantee) in the event that the Total Purchase Price or any part thereof due and payable for the Affiliated Products has not been paid in full by the due date for payment.

      8. MyDunia shall not be responsible or liable whatsoever in respect of any defect in the Affiliated Products arising after the expiry of the six (6) months period provided for MyDunia’s Warranty.

11.6.3 Unless otherwise stated above in paragraph 11.6.2 and to the extent permitted by law, MyDunia shall not be responsible for any express or implied warranties, representations or endorsement made to the Buyer through the Platform and/or Services in respect to any Affiliated Products including but not limited to the warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability or fitness for a particular purpose, in respect of any Affiliated Products offered for sale or sold to the Buyer, including any free gift or promotional items given to Buyer in relation to any such Affiliated Products, the material, information and/or functions thereof.

11.6.4 For the avoidance of doubt, MyDunia reserves its rights and sole discretion to determine the eligibility of any Affiliated Products for MyDunia’s Warranty and any decision made by MyDunia shall be deemed final and absolute.

  1. Terms and Conditions of Agency Products

12.1 You hereby acknowledge that the Agency Products are displayed, shown, promoted, listed and/or offered for sale on the Platform by MyDunia will be sold on an agency basis whereby MyDunia shall be the agent of the Supplier. Agency Products are subject to the fulfillment by Supplier upon any reservation or purchase made by you with MyDunia.

12.2 As such, you hereby acknowledge in additional to this Terms and Conditions, you shall be subjected to any terms and condition, policies or guidelines as may be imposed by such Supplier with whom you elect to deal with through the purchase of Agency Products with MyDunia unless otherwise stipulated in the listing of the Agency Products.

12.3 You hereby further acknowledge that information that we disclose about Agency Products are based on the information provided to us by the Supplier of whom shall be responsible for any update of all Agency Products’ rates, availability, description, pictures, booking conditions, policies and other information which may be displayed on our Platform.

12.4 You hereby further acknowledge and agree that MyDunia may require you to sign liability waiver prior to making any purchase of Agency Products or participating in any service and/or activity which they may offer in or through the Platform. You further acknowledge that any violation of this Terms and Conditions by you pursuant in relation to Agency Products may result in the following circumstances: -

    1. cancellation of your purchase or reservation;
    2. denied of access or use to the Agency Products;
    3. forfeiture of any purchase price paid for such purchase or reservation; and/or
    4. our debiting of your account for any costs that MyDunia incur as a result of such violation.

12.5 The Buyer shall bear the sole responsibility and liability for ensuring that the accuracy of the details of the Agency Products purchased by the Buyer. Each purchase of Agency Product completed on the Platform shall be irrevocable and unconditional upon transmission through the Platform. MyDunia shall be entitled but not obliged to process any payment of Agency Products without further consent from the Buyer.

12.6 By making a purchase on the Platform, the Buyer will receive proof of the confirmation via an email confirmation accompanied with the details of the Agency Product purchase, which shall mean that the purchase of the Agency Product has been confirmed by MyDunia. MyDunia shall be entitled to further require the Buyer to furnish MyDunia with any additional information for verification purposes including but not limited to address and contact numbers prior to issuing the said email confirmation.

12.7 MyDunia will display on Platform the rate of the Agency Product of which may be exclusive of tax and service charges of which will be displayed (if any) during the booking or purchase process unless otherwise indicated. Prior to making any payment pursuant to Agency Products, you will be shown the total price inclusive of tax and service charges (if any) [“Agency Products Purchase Price”] and such Agency Products Purchase Price will be charged to your credit card, debit card or bank account or other designated payment instrument upon your confirmation of the purchase of Agency Products. In addition, your transaction may incur a conversion or transaction fee (which may be in a foreign currency) charged by your card issuer or financial institution to process the transaction whereby MyDunia is not in any way associated with such additional fees and will not be held liable for any fees incurred in relation to exchange rates and card issuer or financial institution fees. You agree that your debit or credit card or bank account or other designated payment instrument will be charged by MyDunia for the Agency Products Purchase Price.

12.8 You hereby acknowledge that you may be charged directly by the Supplier for any additional fees pursuant to the Agency Products whereby such incurrence of additional fees shall be beyond the control of MyDunia and MyDunia shall not in any way be held liable or responsible for any additional fees charged by the Supplier.

12.9 By making reservation or purchase of Agency Products on our Platform, you hereby accept and agree to the relevant conditions, including the refund, exchange, cancellation and no-show policies applicable imposed by the relevant Suppliers and this Terms and Conditions unless otherwise stipulated in the listing of the Agency Products.

12.10 Notwithstanding anything herein stipulated, your purchase of the Agency Products may be refused or cancelled by MyDunia in certain circumstances including the followings: -

    1. actual or suspected reselling of Agency Products without our prior written approval of MyDunia;
    2. breach of this Terms and Conditions by you;
    3. Force Majeure events;
    4. fraud, theft or any suspected criminal activity, bookings or submissions made by you;
    5. misleading or erroneous information submitted by you pursuant to any booking, purchase or reservations made on the Platform;
    6. obvious error on the Platform in term of any prices, terms and/or conditions which a reasonable person will not consider such obvious error to be ordinary;
    7. payment transaction problem;
    8. your inappropriate behaviour, threats, insults, violence, refusal to supply information during your use of the Services and/or Platform; and/or
    9. any other practical obstacles such as communication problems or your blacklisting by any governments or international organizations.
  1. Terms and Conditions of Promotional Products

13.1 You hereby acknowledge that Promotional Products as displayed, shown and offered for sale on Platform are subject to fulfillment by Collaboration Partners upon any reservation or purchase made by you. The relation that MyDunia have with the Collaboration Partners are governed by separate terms and conditions with each of the Collaboration Partners whereby such Collaboration Partners shall make its Promotional Products available upon purchase made by you in the terms and conditions as you and the Collaboration Partners may agree.

13.2 As such, you hereby acknowledge that additional terms and conditions of Collaboration Partners may apply to your purchase of Promotional Products through the use and access of Platform and/or Services. You agree to comply and be bound by the terms and conditions as may be imposed by such Collaboration Partners with whom you elect to deal with in relation to the purchase and use of Promotional Products including but not limited to payment, cancellation, reservation, scheduled times and dates, liability, restrictions and conditions. You shall read the Partner’s terms and conditions carefully in the event that you are using the Collaboration Partner’s website which may be accessed directly through the link as provided on the Platform, where available.

13.3 You hereby acknowledge that information that we disclose about Promotional Products are based on the information provided to us by our Collaboration Partners. As such, the Collaboration Partners or their representatives are given access to an extranet or other connection through which they shall be responsible for any update of all Promotional Products’ rates, availability, description, pictures, booking conditions, policies and other information which may be displayed on our Platform.

13.4 You hereby further acknowledge and agree that Collaboration Partners may require you to sign their liability waiver prior to making any purchase of Promotional Products or participating in any service and/or activity which they may offer in or through the Platform. You further acknowledge that any violation of the Collaboration Partner’s terms and conditions by you may result in the following circumstances: -

    1. cancellation of your purchase of Promotional Products;
    2. denied of access or use to the Promotional Products;
    3. forfeiture of any purchase price paid for such purchase; and/or
    4. our debiting of your account for any costs that MyDunia incur as a result of such violation.
  1. Ratings

14.1 Ratings shown on the Platform are only for the purpose of providing information to the Users and such ratings are provided by other Users or any other third-party(ies). We do not in any way verify or endorse the rating given on the Platform with respect to any Affiliated Product, Agency Products or Promotional Product and are therefore not responsible for the accuracy of the existing ratings.

14.2 In no event that MyDunia shall be liable or responsible for any claims, losses or liabilities arises due to the ratings as displayed on the Platform.

  1. Warranties & Representation of User

15.1 By accepting this Terms and Conditions, you hereby represent and warrant that: -

    1. you possess the legal capacity (in the case of a Minor, valid parent or legal guardian’s consent), right and ability to enter into and be bound by this Terms and Conditions and to comply with all provisions hereof; and
    2. you have complied with this Terms and Conditions and have not violated any applicable laws or regulations through your use and access of the Platform and/or Services;

whereby in any event, you agree to defend, indemnify and hold MyDunia, our affiliates and any of our authorized representatives harmless and fully indemnified from any claim, demand (including legal fees and costs), fines, penalties or any other liability incurred by us due to or arising out of your breach of this Terms and Conditions.

  1. Disclaimer & Limitation of Liability

16.1 You hereby agree that any content published, posted or displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. MyDunia makes no warranty or guarantees of any kind that the Platform and/or Services will meet your requirement or that the Platform and/or Services will be secure, timely, uninterrupted or error free, or that any content found therein, software or any other material accessible on or through the Platform and/or Services shall be true, accurate or are free of viruses or any other harmful components.

16.2 You hereby agree that you are fully responsible for implementing sufficient procedures and checkpoints for the purpose of fulfilling your particular requirements for the accuracy of any input and output of data, and for maintaining a means external to the Platform for the purpose of reconstruction of any lost data. All use of the Platform and/or Services shall be at your own risk and that you are solely responsible for all damages resulting therefrom.

16.3 Unless expressly stated to the contrary and to the fullest extent permitted by law, MyDunia hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by the applicable laws and equities and shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for the loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute products and services, arising out of or related to the use, inability to use or performance of the Services, or failures of this Platform and any materials and content posted thereon, irrespective of whether such damages were foreseeable or arise in laws and/or equities.

  1. Exclusions of Liabilities

17.1 To the maximum extent permitted by applicable laws and regulations, MyDunia shall not in any event 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 the following circumstances: -

    1. any direct or indirect loss of use, loss of profits, loss of revenues, loss of data, loss of goodwill and/or failure to realise any anticipated savings; and/or
    2. any direct, indirect, incidental, special or consequential damages, therein arising out of or in connection with the use or inability to use this Platform and/or Services, including but not limited to any damages resulting therefrom, notwithstanding if MyDunia has or has not been advised of any such possibility of damages.

17.2 You hereby acknowledge and agree that the sole right entitled to you pertaining to any problems, issue or dissatisfaction with MyDunia, Platform and/or Services expressed or implied by you is to request for the termination of your Account and/or the discontinuance of the use or access to the Platform and/or Services.

17.3 In the event that any court of competent jurisdiction has found that MyDunia shall be liable for any breach of this Terms and Conditions including but not limited to for any gross negligence on MyDunia’s part, MyDunia’s liability to you, any User or any third party shall, to the maximum extent permitted by the applicable laws, be limited to the amount of whatever sum you have duly paid to MyDunia or Ringgit Malaysia Fifty Hundred (RM500.00) only, whichever lesser.

17.4 Nothing in this Terms and Conditions shall in any way limit or exclude any party’s liability for the following circumstances: -

    1. death or personal injury caused by MyDunia’s gross negligence
    2. fraudulent activity on the part of MyDunia; or
    3. any other liability caused by MyDunia which cannot be lawfully limited and/or excluded.
  1. Indemnity

18.1 To the extent permitted by law and except as expressly provided to the contrary in this Terms and Conditions, you hereby agree to indemnify MyDunia, its directors, officers, servants, employees, consultants, agents and affiliates and keep MyDunia, its directors, officers, servants, employees, consultants, agents and affiliates indemnified at all times from and against any and all losses, damages or liability incurred or suffered you arising from: -

    1. your use of this Platform and/or Services;
    2. any breach by you of this Terms and Conditions;
    3. any willful, unlawful or negligent act or omission by you; and/or
    4. any damage, loss or injury including death to any person or property arising out of any act or omission (whether negligent or otherwise) by you.

  1. Links to Third-Party Websites

19.1 The Platform may contain links to third party (including Suppliers and/or Collaboration Partner’s) websites which MyDunia does not own or control. MyDunia has no control over, and assume no responsibility whatsoever for the content, privacy policies, or terms and conditions of any such third-party websites. Any third party links provided in the Platforms may cause you to leave the Platform and you hereby agree that you access to the third party website at your own risk.

19.2 The inclusion of such third-party links in the Platform shall not in any way imply or express affiliation, endorsement or sponsorship by MyDunia of any the third-party website and/or any of its content therein unless otherwise stipulated in the Platform.

19.3 By agreeing to use the Platform, you expressly relieve and indemnify us from any and all liability arising from your use of any third-party website.

  1. Force Majeure

    20.1 MyDunia shall not be in any way liable to any User for any delay, cancellation, hindrance or breach in the performance of the Terms and Conditions or Services due to reasons attributable to Force Majeure. In the event that the Force Majeure lasts for more than thirty (30) days, MyDunia shall be entitled to terminate any Order forthwith by written notice to you without any liability other than a refund for any Affiliated Product or Agency Products duly paid by you to MyDunia but has yet to be delivered to you.

    20.2 Notwithstanding anything in this Terms and Conditions, MyDunia shall be entitled to decide at its sole discretion on the extent of action to be taken by MyDunia in relation to the performance of Terms and Conditions or Services during any Force Majeure event.

  2. Notices

    21.1 Any notice to be made pursuant to this Terms and Conditions shall be made in writing through post, registered mail, courier or electronic mail to the relevant party at the address last known by the other party.

  3. Waiver

    22.2 No failure or delay on MyDunia’s part in exercising our nor any omission to assert any right, power, privilege or remedy accruing to MyDunia under this Terms and Conditions or of any of the remedies available to MyDunia in law or in equity shall impair any such right, power, privilege or remedy or be construed as a waiver thereof or an acquiescence in any default nor shall any action by MyDunia in respect of any default or any acquiescence in any such default, affect or impart any right, power, privilege or remedy of MyDunia in respect of any other or subsequent default.
  1. Disputes

23.1 In the event of dispute arises between MyDunia and User, both parties shall communicate and negotiate in good faith to resolve the dispute. However, if the dispute cannot be resolved for more than thirty (30) days, MyDunia or the User shall be entitled to refer the matter to any local courts or tribunal with competent jurisdiction to resolve the dispute. This paragraph 23.1. shall similarly apply to disputes arise between Users.

23.2 User hereby agree to not bring any suit or otherwise assert any claims against MyDunia or its Affiliates in relation to any disputes between the Users.

  1. Customer’s Services and Feedback

    24.1 MyDunia welcomes your feedback of which will enable MyDunia to improve its Services including the customer’s services provided in the Platform. To submit a feedback to MyDunia, you may submit it in writing through email via [email protected] or by using the feedback form as provided in our Platform. For the avoidance of doubt, any anonymous feedback, vague, defamatory and any statements which lack the material facts and information put forward by the User will not be entertained by MyDunia.

    24.2 Subject to paragraph 24.1, MyDunia shall utilize the feedback provided to improve its Services but does not in any way or in any manner guarantee to provide any remedies, compensations and/or reimbursement with regards to any feedback other than those expressly stated herein.

  2. Fraudulent & Suspicious Activity

25.1 In the event that MyDunia, in its sole discretion has any reason or suspicion to believe that you may have conducted or engaged in any unauthorized, improper, unlawful, fraudulent or suspicious activity and/or transactions, MyDunia shall be entitled to take immediate actions including but not limited to the followings: -

    1. to suspend, close, restrict and/or limit your access to the Platform and/or the Services temporarily or indefinitely;
    2. to suspend and/or cancel the processing of any transactions on the Platform;
    3. to suspend your eligibility for any guarantee and/or warranty provided by MyDunia including but not limited to MyDunia’s Warranty;
    4. to hold, apply or transfer the funds in full or any part thereof in your Account in accordance to any judgment, order or instruction made by authorities of competent jurisdictions;
    5. to refuse, suspend and/or cancel any Services provided or to be provided to you; and/or
    6. to hold your funds for a period time reasonably required to protect MyDunia or any third-party from the risk of liability.
  1. Governing Law

26.1 This Terms and Conditions shall be governed by the laws of Malaysia and both MyDunia and User hereby agree to submit to the non-exclusive jurisdiction of the courts in Malaysia. All dealings, correspondences and contacts to be made pursuant to this term shall be made or conducted in the English language.

  1. Severability

27.1 If any terms in this Terms and Conditions shall be construed or held by any authority of competent jurisdiction to be illegal, invalid or unenforceable, whether in whole or in part, such term shall be deemed to be severed from this Terms and Conditions and shall not in any way affect the legality, validity and enforceability of the other terms of this Terms and Conditions.

  1. Entire Agreement

    28.1 These Terms and Conditions shall constitute the entire agreement and understanding between you and MyDunia relating to all subject matter hereof and shall supersede any and all preceding agreements and arrangements between you and MyDunia and there are no promises, terms, conditions, or obligations expressed or implied other than those contained in this Terms & Conditions.

28.2 These Terms and Conditions may be updated, modified or otherwise amended from time to time by MyDunia (the “Alteration”). MyDunia shall upon occurrence of such Alteration notify you through the contact details provided in the Account or by notice in writing at the conspicuous part of the Platform (the “Notification”). By continue to use the Platform and/or Services after such Notification, you are deemed to have accepted such Alteration unconditionally and irrevocably by your conduct.

28.3 By accepting this Terms and Conditions, no party shall rely on any representation, undertaking or promise given by any other party prior to the acceptance this Terms and Condition unless otherwise expressly stated in this Terms and Conditions.