Terms and Conditions

PasteNSell MERCHANT POLICY

This Agreement is a contract between you and WEBONLINE DOT COM SDN BHD and applies to your use of the Services. By registering for the Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement. We may amend this Agreement at any time by posting a revised version on the WEBONLINE DOT COM SDN BHD Website(s). The revised version will be effective at the time we post it.

WHEREAS :

WOL has established e-purse payment structure for the implementation and operation of an electronic payment system utilizing web accounts referred to as “Webcash” and is desirous of extending the benefit of Webcash to the public.

The Merchant is in the business of selling the products (“Products”) via an e-store.

The Merchant and WOL are desirous of permitting the purchase of the Products on its e-store via Webcash in accordance with the terms and conditions set out herein.

NOW IT IS AGREED AS FOLLOWS:-

1. Incorporation of Schedules into this Agreement

The following policies are deemed to be incorporated into this Agreement by reference: Schedule 1 - Privacy Policy

2. Applications of Terms and Conditions

The Terms and Conditions set out in our Webcash website apply to all Merchants as well as Users alike regarding the use and access to our website. In this Agreement, unless otherwise stated, "WOL", "we" or "our" will refer collectively to Webonline Dot Com Sdn Bhd and its affiliates. Unless otherwise specified, all references to a "Bank" in this Agreement includes any bank providing internet banking services in conjunction with Webcash.

3. Webcash is available to all users who register in accordance with the Terms and Conditions as set out in

[www.webcash.com.my].

4. The Legal Relationship between You and WOL.

WOL is only an E-Purse Payment Service Provider. WOL acts as an e-purse payment service provider by creating, hosting, maintaining and providing our services to you via the internet.

Stakeholder and Trust Account. WOL acts as a facilitator to help the purchasers of your Products make payments through your e-store webpage. Pending payment of any sums due to the Merchant, WOL will at all times hold funds that are due to you from the Users' WOL account separate from its corporate funds, will not use your own funds for its operating expenses or any other corporate purposes, and will not voluntarily make fund available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that WOL is not a bank and the Service is an e-purse payment service and not a banking service or credit facility service. Please note that the funds in the Webcash system are held and maintained in a trust account for the benefit of the Users and Merchants. You agree that you will not receive interest or other earnings on the funds that WOL handles as your stakeholder.

Independent Contractors. WOL and the Merchant are independent contractors, and nothing herein shall be construed as creating a partnership or agency relationship between the parties.

5. Payments and Commissions

Terms of Payment and Remittance

The Merchant shall submit to WOL on a daily basis, by [10.00am] every business day, a report of all transactions and each transaction value ("Transaction Value") paid utilizing the Webcash payment system at the Merchant's e-store the preceding day(s). WOL shall verify the Merchant's report against its own report ("Webcash Report") and shall remit the Transaction Value less than the Webcash's commission ("Commission") to the Merchant's account in accordance with the Webcash report.

All payment and remittances shall be made in Ringgit Malaysia and shall be made within [7] business days of receipt of the Merchant's Report. There is a minimum payout for settlement with amount of MYR 100.00. If the weekly settlement sum (after deducting the transaction fee) is lower than the minimum payout amount, WEBONLINE DOT COM SDN BHD will hold the payout until next payout.

In the event the Merchant choose to use banking or financial services of any other financial institution other than CIMB Bank Berhad, the Merchant shall bear all cost and financial charges. Any payment due for Products or services sold through use of the Webcash payment system shall be claimed by the Merchant within 30 days from the date of the respective transaction. Any payment not claimed after the expiration of the 30 days period may thereafter be subject to challenge by the user as to the authenticity of the transaction.

Commission

You shall pay us the Commission of 2.5% for each Webcash transaction. The Commission will be deducted from the Transaction Value payable to you.

6. Discrepancy and Errors

Any claims of discrepancy or errors between the Merchant's report and the Webcash report shall be dealt with amicably between the parties and failing agreement between the parties, shall be referred to an independent auditor appointed with the mutual agreement of both parties for resolution. Save in the instance of a manifest error, the decision of the independent auditor shall be final and binding on the parties.

7. Your Account Password and Security

You are solely responsible for maintaining the confidentiality of your login name, account and password. You agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. WOL reserves the right to refuse transaction instructions and terminate accounts, at our discretion.

8. Accuracy of registration data

Please ensure that the details you provide us with on registration and opening of your account are accurate and complete.

9. Webcash Privacy Policy

Please peruse our Privacy Policy, which also governs your use of Webcash.

10. Access to Webcash.com.my

We will endeavor to procure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be suspended or restricted at times to allow for repairs, maintenance, or the introduction of new facilities or services.

We, our parent, subsidiaries, employees and our suppliers provide our services "as is" and without any warranty or condition, express, implied or statutory.

Webcash shall make reasonable efforts to ensure that requests for electronic debits from bank accounts are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because our Services is largely dependent upon many factors outside our control, such as delays in the banking system and the internet services.

11. Termination

Either party may terminate this Agreement by giving the other 30 days written notice. After the date of the termination, WOL will remit any sums due and owing to the Merchant (less Commission and any other sums payable by the Merchants to WOL) in accordance with Clause 5.

12. Indemnity

You agree to indemnity and hold WOL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including all legal fees ( on a solicitor client basis), made by any third party due to or arising out of your Products, the purchase, delivery or use of your Products and your violation of this Agreement.

13. Copyright, Trade Mark and other Intellectual Property Rights

You acknowledge that the Webcash logos, marks and image are protected by copyright, trade mark or other intellectual property right which is owned by WOL or its affiliates. All trademarks appearing in connection with Webcash are the property of WOL or the respective owners. All rights are reserved.

14. Disclaimers Of Warranties And Representations

Wol makes no representations or warranties of any kind, express or implied, as to the operation of this site and its payment system. To the full extent permissible by applicable law, wol disclaims all warranties, express or implied, including, but not limited to:

I. Implied warranties or merchant ability and fitness for a particular purpose and non-infringement;

II. Warranty that the contents of webcash are free from infection and viruses or anything else, which has contaminating or destructive properties;

III. Warranty that webcash or the services will meet your requirements or that the access to webcash or the services will be uninterrupted, timely, secure, or error-free.

15. Limitation of Liability

Wol shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue , opportunity, business, goodwill, use, data or other intangible losses (even if weol has been advised or was aware of the possibility of such damages), resulting from:

I. The use or the inability to use the website or services via the website;

II. Statements or conduct of any third party on the service;

III. Unauthorised access to or alteration or your transmissions or data;

IV. The cost remedying or procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website or services offered via the website; or

V. Any other matter relating to the website or the goods, services and information may available via the website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website ot the terms and conditions must be filed within one (1) Year from the date such claim or cause of action arose or be forever barred.

Webcash does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.

16. Legal Disputes

If a dispute arises between you and WOL, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and WOL agree that any controversy or claim at law or equity that arises out of this Agreement or Webcash's services shall be resolved by mediation by a mediator mutually agreed upon in writing by you and WOL, and failing resolution by mediation, by litigation. Before resorting to either of these alternatives, WOL strongly encourages the Merchant to first contact WOL directly to seek a resolution.

17. Electronic communications

For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. Events beyond our reasonable control

Neither party will be held responsible for any delay or failure to comply with its obligations under this Agreement if the delay or failure arises from any cause which is beyond its reasonable control.

19. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

20. Governing law and jurisdictions

This Agreement is governed by and construed in accordance with the laws of Malaysia. Both parties agree to submit to the non-exclusive jurisdiction of the Malaysian courts.

21. Notice

Any notice which is required or permitted to be given by one party to the other may be given by hand delivery, registered or certified mail directed to the other party’s registered address as per registered or to such other address as may be substituted by notice to the other party, or by means of an electronic transmission (i.e. by telex, facsimile or electronic-mail) followed by a hard copy print-out within seven (7) days. Notices will be deemed effective on the same business day if delivered by hand or sent by electronic means and on the date of receipt if sent by mail.

REFUND POLICY (IF APPLICABLE)

WOL acts as an e-purse payment service provider by creating, hosting, maintaining and providing services to the Merchant via the internet. Any issues in relation to refund or enquiry, the User shall refer to the Merchant unless there is a special arrangement..

SCHEDULE 1

WEBONLINE PRIVACY POLICY

WOL appreciates that you may be concerned about how information about yourself is used and shared. This notice describes our privacy policy. By visiting Webcash, you are deemed to have read and accepted the practices described in this Privacy Policy.

Types of Personal Information

The information we learn from users and customers helps us to personalise and continually improve the services and products made available to you at Webcash.

The types of information we require and gather are:-

Information from You: We receive and store any and all information you enter on our website or provide us in any other manner. You provide most of such information upon registration with us and when you search, buy, bid, post, participate in a contest or questionnaire, or communicate with customer service. We use the information that you have provided for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.

Cookies and Automatic Information: We may receive and store certain types of information whenever you interact with us. For example, like many other websites, we may use "cookies," and we obtain certain types of information when your web browser accesses Webcash. Cookies are alphanumeric identifiers that are transferred to your computer's hard drive through your web browser to enable the senders' systems to recognize your browser and to provide specific personalised features.

E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Webcash if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers.

Other Sources: We may receive information about you from other sources and add it to our account information. Examples of such information may include updated delivery and address information from our couriers or other third parties, which we may use to update our records.

Security on Information

We protect the security of your information during transmission by using a high level of encryption technique.

It is also very important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when finished using a shared computer.

How WOL May Shares the Information It Receives

WOL shares customer information only as described below and with related companies of WOL, that either are subject to this Privacy Policy or follow similar practices those described in this Privacy Policy.

Agents: We employ other companies and individuals to perform services for us. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

Affiliated Businesses We Do Not Control: We work closely with our affiliated businesses. In some cases, these businesses may operate or be invited to operate stores at Webcash or sell offerings to you at Webcash. In other cases, we may operate stores, provide services, or sell product lines jointly with these businesses. We may share customer information related to those transactions with these third parties.

Special Offers: Sometimes we may send offers to selected groups of Webcash customers on behalf of other businesses.

Transfer of Business: As we continue to develop our business, we might sell our business or sell or buy stores, subsidiaries, or business units. In such transactions, customer information may be one of the transferred business assets.

Protection and Enforcement: We release account and other personal information when we believe such release is appropriate to comply with the existing laws; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or security of Webcash, our users and others. This includes exchanging information with other companies and organizations for fraud-protection and credit risk reduction.

With Your Consent: In all other instances where you have elected to share the information. Information You Can Access Webcash gives you access to a range of information about your account and your interactions with Webcash for the limited purpose of viewing and, in certain cases, updating that information.

Conditions of Use, Notices, and Revisions

If you choose to visit Webcash, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms and Conditions, including limitations on liability, arbitration of disputes, and application of the laws of Malaysia. If you have any concern about privacy at Webcash, please contact us at :

WEBONLINE DOT COM SDN. BHD.

A-G-15, SME Technopreneur Centre 2,
2260, Jalan Usahawan 1,
63000, CYBERJAYA,
Selangor

Tel : 03-8605 3357
Fax : 03-8605 3357
Email : [email protected]

and we will be obliged to resolve it.

Our business being based on technology may change on a regular basis and therefore our Privacy Policy and the Terms and Conditions may also need to be updated regularly. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.