Term Conditions Page

SVARATNA TERMS OF SERVICE

1. 0 PREAMBLE

1.1   Greetings from PICC E-Com Sdn. Bhd. and welcome to the Svaratna platform (the "Site"). In the interest of both parties, i.e. the seller and buyer, we invite you to read the following Terms of Service before using this Site or opening a Svaratna account ("Account") so that you know your legal rights and obligations with respect to the platform.

1.2   Svaratna provides "Services" that include all information, linked pages, data, text, images, photographs, graphics, music, sounds, videos, messages, tags, content, mobile application services or other materials made available through the Site or its related services ("Content"). These Terms of Service govern your use of the Services provided by Svaratna.

1.3   Svaratna is an online platform service that provides a place and opportunity for the sale and purchase of goods between the buyer (“Buyer”) and the seller (“Seller”). Buyers and Sellers are the “Users” and they are independent individuals or businesses and they are not associated with Svaratna. .

1.4   Any transaction is between the Users and the actual contract for sale is directly between Buyer and Seller and Svaratna accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and related matters. Svaratna merely facilitates the transaction between Seller and Buyer. Svaratna may pre-screen Users or the Content or information provided by Users and Svaratna reserves the right to remove any Content or information posted by you on the Site. At teh same time, Svaratna cannot ensure that Users will actually complete a transaction.

1.5   Svaratna reserves the right to refuse to provide you access to the Site or Services or to allow you to     open an Account for any reason.

1.6  Using Svaratna services or opening an account tantamount to you giving your acceptance of and consent to the terms of this agreement, including those additional terms and conditions and policies that will be included later. If you do not agree to these terms, you are advised not to use our services or access the site.

1.7   Anyone under the age of 18 must obtain permission from a parent or legal guardian to open an account and that parent or legal guardian must agree to the terms of this agreement on the minor's behalf and will be responsible for all use of the account or services.

2. 0 PROTECTION OF PERSONAL DATA

2.1 Svaratna will ensure that your privacy is protected as per the Svaratna Privacy Policy. It is advisable to

      read the said Policy to understand how personal information is collected and used.

2.2 By using the Services or providing information on the Site, you agree:

a.   to Svaratna's collection, use, disclosure and processing of your Content, personal data and User Information as described in the Privacy Policy;

b.     that the proprietary rights of your User Information are jointly owned by you and Svaratna so long as you are a registered account holder with Svaratna; and

c.      not to disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Svaratna’s prior written consent.

2.3 Users who are in possession of another User’s personal data through the use of the Services must

a.     comply with all applicable personal data protection laws with respect to any such data; and

b.     allow the User whose personal data has been collected to remove his or her data so collected from the User’s database.

3.0 RIGHTS OF USERS

3.1 Users are granted limited rights to access and use the Services subject to these Terms of Service. Svaratna holds the propriety rights over all Content, trademarks, brand names and logos displayed in the Site and no party, accessing the Site, has the right to use or reproduce them.

3.2 Users must not copy, distribute, modify, rent, sell, or produce derivative works of any portion of the Services, the Site or its Content.

4.0 VIOLATIONS OF THE TERMS OF SERVICE

4.1 Use of our Services requires registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Svaratna, finds offensive or inappropriate, Svaratna has the right to suspend or terminate your Account.

4.2 You agree to

a.     keep your password confidential and use only your User ID and password when logging in;

b.     ensure that you log out from your account at the end of each session on the Site;

c.      immediately notify Svaratna of any unauthorised use of your Account, User ID and/or password;

d.     ensure that your Account information is accurate and up-to-date;

e.     you are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you; and

f.       Svaratna will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

4.3 You agree that Svaratna may for one or more of the following reasons, immediately suspend, freeze or terminate your Account and your User ID, including all its rights, privileges and benefits:  

a.     extended periods of inactivity;

b.     violation of the Terms of Service;

c.      illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour;

d.     having multiple user accounts;

e.     buying products on the Site for the purpose of commercial re-sale;

f.       abnormal or excessive purchase of products from the same Seller or related group of Sellers; or

g.     behaviour that is harmful to other Users, third parties, or the business interests of Svaratna.

4.4 You agree that violations of this policy may result in one or more of the following actions: 

a.     Listing deletion;

b.     Limits placed on Account privileges;

c.      Account suspension and subsequent termination;

d.     Criminal charges;

e.     Civil actions, including a claim for damages; and

f.       Referred to law enforcement authorities without notice to you.

4.5 Users may terminate their Account by notifying Svaratna in writing (including via email at support@svaratna.com of their desire to do so. Notwithstanding any such termination,

a.     Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, or payment for the product, and Users must contact Svaratna after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service.

b.     Svaratna shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Svaratna.

5. 0 DOs and DON’Ts

5.1 The right to use this Site and the Services will be terminated due to failure to comply with these Terms of Service. In any such event, Svaratna may effect such termination with or without notice to you. As such you agree not to: 

a.    infringe upon the copyright, trademark or other intellectual property rights of Svaratna or other third parties or use the Services in a manner which will infringe the intellectual property rights of Svaratna or other third party;

b.     upload, post, distribute or make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially or culturally objectionable;

c.      violate any laws and regulations in relation to export and import restrictions, or third party rights; 

d.     upload, post, or make available any Content featuring an unsupervised minor or use the Services to harm minors in any way; 

e.   use the Services or upload Content to impersonate any person or entity, or misrepresent your    affiliation with a person or entity; 

f.       manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; 

g.     remove any proprietary notices from the Site; 

h.     cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Svaratna; 

i.       use the Services for the benefit of any third party or any manner not permitted by the licenses granted

      herein;

j.       use the Services or upload Content in a manner that is fraudulent, false, misleading or deceptive;

k.      open and/or operate multiple user accounts in connection with any conduct that violates these Terms of Service;

l.       access the Svaratna platform, open a user account, or otherwise access your user account using a simulator, bot or other similar hardware or software;

m.    manipulate the price of any item or interfere with other User's listings;

n.     take any action that may undermine the feedback or ratings systems;

o.  attempt to manipulate or hack the Services (or any portion thereof), or overcome any security measures implemented by Svaratna with respect to the Services and/or data transmitted, processed or stored by Svaratna;

p.   collect any information about or regarding other Account holders, including  any personal data or information;

q.  upload, email, post, or make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", or "pyramid schemes";

r.    upload, email, post, or make available any material that contains software viruses, worms, Trojan-horses or any other computer code, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality Svaratna platform;

s.     take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services; and

t.   use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, directive, guideline, policy or regulation relating to anti-money laundering or counter-terrorism.

5.2 To preserve your rights to use the Services, you agree that

a.    all Content, whether publicly posted or privately transmitted, is your sole responsibility from whom such Content originated. This means that you, and not Svaratna, are entirely responsible for all Content that you upload, post, email, or make available through the Site.

b.     by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Svaratna be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted on the Site.

c.      Svaratna reserves the right to remove any Content

i.       that violates these Terms of Service;

ii.      if we receive a complaint from another User;

iii.    if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or

iv.    if such Content is otherwise objectionable.

d.     Svaratna may access and disclose your Account information and Content to any legal, regulatory, or governmental authority, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Svaratna.

6.0 REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

6.1 Complaints must be provided in the form prescribed by Svaratna, and must include at least the following:

a)     a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights;

b)  information to allow Svaratna to contact the Informant, such as Informant’s physical address, telephone number and e-mail address;

c)    a statement by Informant that the complaint is filed in good faith and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law;

d)     a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.

6.2 Each and every Seller agrees to hold Svaratna harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content or product listings pursuant to or in relation to any intellectual property infringement claim.

7.0. PURCHASE AND PAYMENT

7.1 Mode of Payment. Svaratna has made arrangements through a payment gateway company and accepts one or more of the following payment methods:

Credit Card

Card payments are processed through third-party payment channels and the       type of credit cards accepted by these payment channels may vary depending      on the jurisdiction you are in.

            Bank Transfer

Buyer may make payments through an Automated Teller Machine or internet       bank transfer (“Bank Transfer”) to our designated Svaratna Account. Buyer        must provide Svaratna with the transfer receipt or payment transaction            reference for verification purposes through the ‘Upload Receipt’ function found        in Svaratna’s app as payment confirmation. If payment confirmation is not   received by Svaratna within three (3) days, Buyer’s order will be cancelled.

7.2 Changing preferred mode of payment. Buyer may only change their preferred mode of payment for their purchase prior to making payment.

7.3 Responsibility for loss or damages. Svaratna takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

7.4 Error in Processing Transaction. If there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations.

7.5 Payment to Seller. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Svaratna under its account. Seller will not receive interest or other earnings from the sum you have paid into Svaratna Account. The following process flow applies in the release of payments to Seller:

a.     After Buyer makes payment for his/her order, the money will be held in Svaratna  Account;

b.     Buyer sends confirmation to Svaratna that Buyer has received his/her goods;

c.      Svaratna will release Buyer’s payment (less the Seller’s proportion of the Shipping fee (if applicable), the Transaction Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Svaratna Account to Seller within seven (7) working days;

d.   If Svaratna determines that Buyer’s application for a return of goods and/or refund is successful, Svaratna will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy; and

e.     Svaratna refund is only offered to Buyers who have made payment through the channels provided by Svaratna into Svaratna Account. Offline arrangements between Buyer and Seller will not be covered under Svaratna refund. 

7.6 Payment to Seller. If, for any reason, the Seller's bank account cannot be credited and/or the Seller cannot be contacted, Svaratna will use reasonable endeavours to contact the Seller using the contact details provided by him/her. 

7.7 Acknowledgement of Svaratna’s Decision. Buyer and Seller acknowledge and agree that Svaratna’s decision (including any appeals) in respect of and relating to any issues concerning the payments is final.

8.0. CASHBACK VOUCHER

Users may receive a voucher entitling them to eligible purchases on the Site. Svaratna may allow Sellers to generate their own Cashback Vouchers, which Buyers may apply to eligible purchases from the Seller’s store. If you are a Seller that generates a Seller Cashback Voucher, you will be deemed to have consented to the terms and conditions described in this Section.

9.0 DELIVERY

9.1 Svaratna will inform Seller. Svaratna will inform Seller when Svaratna receives Buyer’s payment.

9.2 Seller’s responsibility to deliver. Unless otherwise agreed with Svaratna, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.

9.3 Seller to deliver within guarantee period. Seller must use his/her best effort to ensure that Buyer receives the purchased items within the Svaratna Guarantee Period of forty-eight (48) hours or the time period specified (for offline payment) by Seller on Seller’s listing.

9.4 Seller bears all risk for delivery of items. Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that Svaratna will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.

9.5 For Cross-Border Transaction. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Seller based outside of Malaysia, and  the import and export of such product is subject to local laws and regulations. Users acknowledge that Svaratna cannot provide any legal advice in this regard and agrees that Svaratna shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.

9.6 Buyer chooses other delivery methods. Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company shall be borne by the Buyer and Seller. Svaratna will

a.     collect the Buyer’s proportion of the shipping fee from the Buyer,

b.     deduct the Seller’s proportion of the Shipping Fee from the Buyer’s payment, and (

c.      pay the total Shipping Fee to the delivery company.

10.0 CANCELLATION, RETURN AND REFUND

10.1 Buyer may only cancel his/her order prior to the payment into Svaratna Account.

10.2 Buyer may apply for the return of the purchased item and refund prior to the expiry of the seven-day Svaratna Guarantee Period, if applicable, subject to and in accordance with Svaratna’s Refunds and Return Policy.

10.3 Svaratna reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s payment paid into Svaratna Account.

10.4 Svaratna does not monitor the cancellation, return and refund process for offline payment.

10.5 Refunds to Buyers shall be made to their account within two (2) days of the return or refund request being approved.

11.0 SELLER’S RESPONSIBILITIES

11.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.

11.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item shall include the shipping charges and sales tax.

11.3 Seller agrees that Svaratna may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.

11.4 Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.

11.5 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Svaratna cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.

11.6 Seller acknowledges and agrees that Seller’s violation of any of Svaratna’s polices will result in a range of actions as stated in Section 5.4.

12.0 PAID ADVERTISING

12.1 Svaratna offers advertising services, including participation in flash deals, display ads, and boost ads (hereinafter referred to as "Paid Advertising") on its Paid Advertising Site on an ongoing basis. Sellers may purchase the Paid Advertising services in accordance with these Terms of Service Sellers who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules.

12.2 In order to purchase Paid Advertising services, you must be an eligible Seller under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising Services, your Account must not be suspended.

12.3 You may order Display Ads and Flash Deal Advertising services through the Seller Centre by setting your preferred advertising dates and budget.  Svaratna shall use commercially reasonable efforts to fulfill your Display Ads order, but does not guarantee that the (i) dates requested by the Seller, and/or (ii) the number of impressions associated with the budget set by the Seller, will be fulfilled. 

In addition, Svaratna reserves the right to charge a fee in the event the Seller requests to edit or cancel its Display Ads order.  After the Display Ads services have been delivered, Svaratna shall invoice the Seller based on the number of actual impressions received, and Seller shall pay such invoice in accordance with the terms set out in the invoice.  The billing information that the Seller provides will be used for invoice and tax invoice generation for Display Ads. The Seller is responsible for ensuring that the billing information is correct prior to submitting a Display Ads order. Any error in the billing information submitted which may result in wrong information in the invoice and tax invoice are the Seller's responsibility. Svaratna has the right to reject invoice revision requests due to wrong information being submitted by the Seller.

12.4 The goods you list on the Site must comply with all relevant laws and regulations, the Paid Advertising Rules, and these Terms of Service. You understand and agree that Svaratna has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid. Svaratna will also not be liable to compensate you for any loss whatsoever in relation to listings removed.  

12.5 You understand and agree that Svaratna does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services.

12.6 You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules, Svaratna shall not be liable for any compensation or be subject to any liability for the results or intended results of any Paid Advertising service.

13.0 PURCHASE AND SALE OF ALCOHOL

13.1 The purchase and sale of alcoholic products (“Alcohol”) on the Site is permitted by Svaratna subject to the terms and conditions of this Section 13. If you are a buyer of Alcohol (“Alcohol Buyer”), you will be deemed to have consented to the terms and conditions in this Section when you purchase Alcohol on the Site. Similarly, if you are an approved seller of Alcohol (“Alcohol Seller”), you will be deemed to have consented to the terms and conditions in this Section when you sell Alcohol on the Site.

13.2 If you are an Alcohol Buyer:

a.     you represent and warrant that you and the person receiving the Alcohol are

i.       aged 21 or above;

ii.      are not Muslim or otherwise prohibited from buying Alcohol under any law, regulation or religion; and

iii.    understand the following: “MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”; and

b.    if requested by an Alcohol Seller or Svaratna (or its agents), you and/or the recipient shall provide photo identification for age verification purposes.

13.3 If you are an Alcohol Seller, you represent and warrant that:

a.     you are not Muslim or otherwise prohibited from selling Alcohol under any law, regulation or religion; and

b.     you hold all necessary licences and/or permits to sell Alcohol through the Site, and shall provide a copy of such licences and/or permits and supporting documents to Svaratna immediately upon request for verification purposes; and

13.4 When delivering Alcohol to an Alcohol Buyer:

a.  the delivery agent reserves the right to request for valid photo identification for age verification purposes; and

b.   Svaratna (via the delivery agent) reserves the right to refuse the delivery of Alcohol if the Alcohol Buyer and/or the recipient appears intoxicated or is unable to provide valid photo identification for age verification purposes.

13.5 Each Alcohol Buyer and Alcohol Seller severally agrees to indemnify, defend and hold harmless      

       Svaratna, from and against any and all claims, actions, proceedings, and suits and all related liabilities,

       damages, settlements, penalties, fines, costs and expenses.

14.0 TRANSACTION FEES

14.1 Svaratna charges a fee for all successful transactions completed on the Site (“Transaction Fee”). The

        Transaction Fee is borne by the Seller, and is calculated at ten percent (10.0%) of the Buyer’s Payment

        amount. The Transaction Fee is subject to SST (“Tax Amount”) and Payment Gateway Fees and the

        Seller is responsible for such amount.

14.2 For Sellers located outside of Malaysia, Svaratna charges a fee for all successful transactions

        completed on the Site (“Cross Border Fee”). The Cross Border Fee is borne by the Seller, and is

        calculated according to the rates as notified to such Sellers from time to time on the Site.

14.3 Following the successful completion of a transaction, Svaratna shall deduct the Transaction                            Fee  and the Tax Amount, and the Cross Border Fee from the Buyer’s Payment, and remit the                          balance to the Seller. Svaratna shall issue receipts or tax invoices  for the Transaction Fee and                        Tax  Amount paid by Seller on request.

15.0 DISPUTES

15.1 In the event a problem arises in a transaction, the Buyer and Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions.

15.2 Svaratna shall use reasonable efforts to facilitate. Users covered under Svaratna may send written request to Svaratna to assist them in resolving issues which may arise from a transaction upon request. Svaratna may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute.

15.3 If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.

15.4 Each Buyer and Seller agrees that it will not bring suit or otherwise assert any claim against Svaratna or its Affiliates (except where Svaratna or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.

16.0 FEEDBACK

Svaratna welcomes information and feedback from our Users which will enable Svaratna to improve the quality of service provided. Feedback is subject to the following conditions:

a.     Feedback may be made in writing through email to or using the feedback form found on the App.

b.     Anonymous feedback will not be accepted.

c.      Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.

d.     Vague and defamatory feedback will not be entertained.

17.0 LINKS TO THIRD PARTY SITES 

17.1 Third party links are provided as a courtesy only, and the sites they link to are not under the control of Svaratna in any manner whatsoever and you therefore access them at your own risk. Svaratna is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Svaratna is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Svaratna of any linked site and/or any of its content therein.

17.2 The Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Svaratna. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Svaratna has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Svaratna shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Svaratna may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.

17.3 Svaratna allows you to share videos from YouTube and by sharing YouTube Content, you hereby agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).

17.4 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Svaratna is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Svaratna responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

18.0 DISCLAIMERS

18.1 The services are provided without any warranties, claims or representations made by Svaratna of any kind either expressed or implied.

18.2 Svaratna does not warrant that the services, this site or the functions contained therein will be accessible uninterrupted, accurate or error-free, or that this site and/or the server that makes the same available are free of viruses, trojan-horses, or any other harmful codes, instructions, programs or components.

18.3 You acknowledge that the entire risk arising out of the use or performance of the site and/or the services remains with you to the maximum extent permitted by applicable law.

18.4 Svaratna has no control over and does not guarantee or accept any responsibility for:

a.    the fitness for purpose, quality, safety or legality of items available via the services; or

b.    the ability of sellers to sell items or of buyers to pay for items.

18.5 If there is a dispute involving one or more users, such users agree to resolve such dispute between themselves directly and release Svaratna and its affiliates from any and all claims, demands and damages arising out of or in connection with any such dispute.

19.0 YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

a.     you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and

b.     you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

20.0 FRAUDULENT OR SUSPICIOUS ACTIVITY

If Svaratna, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Svaratna, other Buyers or Sellers, other third parties or you from Reversals, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

a.     We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;

b.     We may suspend your eligibility for Svaratna payments;

c.      We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by a competent court or elsewhere and directed to Svaratna;

d.     We may refuse to provide the Services to you now and in the future; and/or

e.     We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Svaratna or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

21.0 INDEMNITY

You agree to indemnify, defend and hold harmless Svaratna, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:

a.   any transaction made on the Site, or any dispute in relation to such transaction (except where

    Svaratna or its Affiliates is the Seller in the transaction that the dispute relates to),

b.   the hosting, operation, management and/or administration of the Services by or on behalf of Svaratna,

c.   your violation or breach of any term of these Terms of Service or any policy or guidelines referenced

     herein,

d.     your use or misuse of the Services,

e.     your breach of any law or any rights of a third party, or

f.       any Content uploaded by you.

22.0 GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arise out of or relating to these Terms of Service against or relating to Svaratna or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia. There will be one (1) arbitrator and the language of the arbitration shall be English.

23.0 GENERAL PROVISIONS

23.1 Svaratna reserves all rights to modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service. 

23.2 You may not assign, subcontract or transfer any rights granted to you.

23.3 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Svaratna, nor does it authorise you to incur any costs or liabilities on Svaratna’s behalf.

23.4 In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service.

23.5 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption, including the Malaysian Anti-Corruption Commission Act, and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

I have read this agreement and agree to all of the provisions contained above and any revision the same hereafter.  By clicking the “sign up” button during registration, I understand that I am creating a digital signature, which I intend to have the same force and effect as if I had signed my name manually.