"Apps" means our ZALORA mobile app on iOS and Android;
"Business Day" means a day from 9.00 a.m. to 6.00 p.m. in Malaysia, excluding Saturdays, Sundays, and gazetted public holidays;
“Customer” means a customer that utilises the Platform to enquire or purchase the Merchant’s F&B Products;
“F&B Products” means the food & beverages products listed or sold by the Merchant;
“Merchant” means a merchant that has or intent to list F&B Products on the Platform;
"Platform" means collectively ZALORA’s Apps and Website, and any other websites or applications which we may own or operate from time to time in relation to the ZALORAYA Bazaar, each of which shall be described as a “Platform”;
"Website" means the ZALORA website accessed at the following address at www.zalora.com.my;
“User” means a user of the Platform which includes, which includes a Merchant, Customer and/or any third parties; and
"ZALORA" means JADE ESERVICES MALAYSIA SDN BHD (Company no. 201101044885).
2. ZALORA's rights
ZALORA reserves the right and may at its sole and absolute discretion (without any prior notice):
- reject any application by a Merchant to list on the Platform;
- delete, remove, suspend or terminate the Merchant from the Platform;
- reject or remove any content on the Platform that (i) does not match the specifications and guidelines provided or is otherwise assessed by ZALORA to not be of a suitable standard or (ii) in ZALORA’s opinion infringes any third party’s Intellectual Property Rights;
- carry out changes to the Platform or suspend the services; and
- prevent any User from using or accessing the Platform.
3. The Merchant's obligations
The Merchant represents, warrants and undertakes that:
- F&B Products listed and sold are Halal and/or appropriate for consumption by both the Muslim and non-Muslim community in Malaysia;
- F&B Products do not and will not infringe any rights of third parties (including any third parties’ intellectual property rights);
- it shall be solely be responsible for determining and complying with all applicable laws;
- it shall advise each customer on all applicable taxes, service charges, surcharges and other fees; and
- prices of F&B Products on the Platform will include applicable taxes, save where otherwise provided.
4. Relationship between the Parties
- The relationship between ZALORA and the Merchant shall be solely that of an independent contractor.
- ZALORA's sole role is as a service provider for the Merchant for purposes of listing the F&B Product on the Platform.
5. Limitation of Liability
- ZALORA expressly disclaim any representation, warranty or undertaking in relation to accuracy, completeness, quality or adequacy of any contents for F&B Products.
- ZALORA shall not be liable for any actual or alleged claims of Merchant, Customers and third parties arising from the fulfilment and delivery of Customer orders, sale and consumption of the F&B Products; any medical condition, food poisoning, contamination or any other illness resulting in connection with the use of the Platform, including but not limited to, claims of personal injury, death or property damage. The Merchant is solely responsible for any and all bodily injury, illness, medical condition, damages, claims, liabilities and costs suffered by or relating to any customer and third parties and the compliance with all laws.
- The Customer hereby waives and releases ZALORA from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the Merchant in connection with the Merchant, the provision of the services, the F&B Products, and compliance by the Merchant with applicable laws.
- ZALORA shall not be liable to the other, whatsoever and howsoever arising, (including negligence or breach of statutory duty), for any consequential, indirect, or incidental loss or damage, nor for any loss of profit, loss of revenue, loss of production, loss of business opportunity, loss of use, or other economic loss, or exemplary or punitive damages.
7. Breach by User
ZALORA reserves the right in its sole discretion to immediately suspend or terminate your account and/or access and the related services or any portion thereof without prior notification if:
- there are reasonable grounds to suspect that any information provided by you is not complete, outdated, untrue, false, inaccurate or misleading; or
8. Intellectual Property Rights
- All content included in or made available through our Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of ZALORA or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by ZALORA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Platform nor may you use any such content in connection with any business or commercial enterprise.
- In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks of ZALORA in Malaysia and other countries. ZALORA's trademarks may not be used in connection with any product or service that is not provided by ZALORA, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZALORA. All other trademarks not owned by ZALORA that appear on the Platform are the property of their respective owners.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us. In the event ZALORA becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
- You must not misuse our Platform. You shall not use any automated systems or software to extract data from this Platform for any purpose. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platform. Any breach of this provision would constitute an offence under Section 233 of the Communications and Multimedia Act 1998. In the event such breach occurs, ZALORA will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
- Neither Party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control (including but not limited to natural disasters, riots, insurrection, war, terrorism, fire, or public regulations).