1.1 Welcome to Pacca mobile app (the “Platform”). Please read the following Terms of Service carefully before using this Platform or opening a Pacca account (“Account”) so that you are aware of your legal rights and obligations with respect to Pakka Tech Sdn Bhd. (individually and collectively, “Pacca”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Platform, (b) the services provided by the Platform and by Pacca client software made available through the Platform, and (c) 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 (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Pacca.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Merchant”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Merchant. Pacca is not a party to that or any other contract between Buyer and Merchant and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Pacca is not involved in the transaction between Users. Pacca may or may not pre-screen Users or the Content or information provided by Users. Pacca reserves the right to remove any Content or information posted by you on the Platform in accordance to Clause 6.4 herein. Pacca cannot ensure the Users to complete a transaction
1.4 Pacca reserves the right to change, modify, suspend or discontinue all or any part of this Platform or the Services at any time or upon notice as required by local laws. Pacca may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Pacca may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or Services in its sole discretion and without notice or liability.
1.5 Pacca reserves the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason.
BY USING PACCA SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT (THE “MINOR”) HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. MINORS MAY ONLY USE OUR SERVICE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN IN YOU PROVINCE, TERRITORY OR COUNTRY. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS CLAUSE, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER. NO ONE UNDER THE AGE OF 13 IS ALLOWED TO CREATE AN ACCOUNT OR USE OUR SERVICES.
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Pacca; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Pacca’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3.2 Pacca grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Platform are the property of Pacca and where applicable, third party proprietors identified in the Platform. No right or license is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.3 You are welcome to link to the Platform from your website, provided that your website does not imply any endorsement by or association with Pacca. You acknowledge that Pacca may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, with or without notice in the event where you continue to conduct the act after receiving express warning from Pacca.
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 Platform, (c) immediately notify Pacca of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses where your knowledge and consent is. Pacca will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Clause.
4.3 You agree that Pacca may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Pacca any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Pacca deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying promotional products on the Platform for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Seller or related group of Sellers, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Platform), or (g) behaviour that is harmful to other Users, third parties, or the business interests of Platform. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Pacca may terminate your Account immediately with or without notice
4.4 Users may terminate their Account if they notify Pacca in writing (including via email at support@Pacca.com) of their desire to do so. Pacca will take 7 working days to review such application and terminate the Account if comply with the conditions. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Pacca after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Pacca shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Clause. Users waive any and all claims based on any such action taken by Pacca.
4.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
5.1 The license for use of this Platform and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Pacca may effect such termination with or without notice to you.
5.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to consumer rights, sales of goods, intellectual property, privacy, export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Platform;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Pacca;
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) access the Platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User’s listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) 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 implemented by Pacca with respect to the Services and/or data transmitted, processed or stored by Pacca;
(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
(v) 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;
(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation regardless the force of law
(x) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
(y) infringe the rights of Pacca, including any intellectual property rights and any passing off of the same thereof;
(z) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
(aa) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.
5.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Pacca, are entirely responsible for all Content that you stream, upload, post, email, transmit or otherwise make available through the Platform. You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Pacca be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.
5.4 You acknowledge that Pacca and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Platform. Without limiting the foregoing, Pacca and its designees shall have 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 of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, streaming, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services and our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Pacca or submitted to Pacca, including, without limitation, information in Pacca Forums and in all other parts of the Platform.
5.5 You acknowledge, consent to and agree that Pacca may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Pacca or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Pacca, its Users and/or the public.
6.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
6.2 If you believe a User on our Platform is violating these Terms of Service, please contact support@Pacca.com.
6.3 In the event where you believe a User on our Platform is violating these Terms of Service, kindly screenshot, download, capture or collect evidence in any form including without limitation, Live Stream, video, photo, post, status, comments, software and database.
7.1 The Users are independent individuals or businesses and they are not associated with Pacca in any way. Pacca is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Platform.
7.2 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to support@Pacca.com and provide us the documents requested under Clause 7.3 to support your claim. Do allow us time to process the information provided. Pacca will respond to your complaint as soon as practicable.
7.3 Complaints under this Clause 7 must be provided in the form prescribed by Pacca, which may be updated from time to time, and must include at least the following:
(a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”);
(b) a complete owning personal or company details in relation to the aforesaid Intellectual Property;
(c) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights;
(d) details of the listing which contains the alleged infringement;
(e) sufficient information to allow Pacca to contact the Informant, such as Informant’s physical address, telephone number and e-mail address;
(f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law;
(g) a statement by the Informant that the information in the notification is accurate, undertakes to indemnify us for any damages we may suffer as a result of the information provided by informant and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint.
8.1 Pacca supports one or more of the following payment methods in each country it operates in:
(i) Credit/Debit Card
Card payments are processed through third-party payment channels and the type of credit/debit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) Bank Transfer (FPX)
Buyer may make payments through an internet bank transfer (“Bank Transfer”) to our designated Pacca Account. A transaction summary will be provided to both Buyer and Seller as an indication of complete payment. If such payment is not received by Pacca within seven (7) days or such period otherwise set out by Seller, Buyer’s order will be canceled.
Buyer may make payments through third-party E-Wallet channels such as Boost Wallet, TouchNGo E-Wallet and Maybank QR, these payment channels may vary depending on the jurisdiction you are in. already liaise with e wallet agent
(iv) Installment Plan
Buyer may make payments through our Pacca Ez Payment Plan namely six (6) or twelve (12) months of installment plan with respectively minimum and maximum transaction amount limitation shown below:
|BANK||SCHEME PLAN||MIN Transaction Amount (RM)||MAX Transaction Amount (RM)|
|PUBLIC BANK ZERO-INTEREST INSTALLMENT PLAN (ZIIP)||
8.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
8.3 Pacca 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 goods purchased. We reserve the right but no obligation 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.
9.1 Pacca Guarantee is a service provided by Pacca to protect purchases. To protect against the risk of late delivery, payment for purchases made to Seller using the Services will be held by Pacca (“Pacca Account”). Pacca shall act as stakeholder in this matter and holding the Buyer’s Purchase Monies as trustee for Buyer. Seller/ Merchant will not receive interest or other earnings from the Buyer’s Purchase Monies paid into Pacca Account.
9.2 Pacca Guarantee shall be applicable for the delayed delivery from Logistic Service Provider after receiving the goods from Seller/ Merchant. Seller/ Merchant shall bear the risk of refund he Buyers’ Purchase Monies in the event where there is unreasonable delay on passing the goods to courier service by the Seller/ Merchant.
9.3 Buyer/ Merchant shall has 7 to 14 calender days to get ready with Buyers’ Purchased Good and deliver to Logistic Service Provider for delivery and Courier company shall deliver to Buyer within a stipulated estimated delivery period.
9.4 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Pacca Account until:
(a) Buyer sends confirmation to Pacca that Buyer has received his/her goods, in which case, unless 9.2(d) applies, Pacca will release Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Pacca Account to Seller;
(b) Pacca Guarantee Period (or any approved extension under 9.3) expires, in which case, unless 9.2(c) or 9.2(d) applies, Pacca will release Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) in Pacca Account to Seller;
(c) Pacca determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 9.2(d) applies, Pacca will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;
(d) Buyer has not receive the purchased goods after the estimated delivery period, Pacca will return Buyer’s Purchase Monies to Buyer;
(e) such other time as Pacca reasonably determines that a distribution of Buyer’s Purchase Monies (less the Payment Fee and Tax Amount (defined below), and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.
Pacca Guarantee is only offered to Buyers who have made payment through the channels provided by Pacca into Pacca Account. Offline arrangements between Buyer and Seller will not be allowed, encouraged and recognized. Such transaction will not be covered under Pacca Guarantee, and Pacca shall have no liability in the event where lose or damages occurred in such Offline arrangements.
9.5 Payments made through Pacca will be held in the Pacca Account for a specified period of time (the “Pacca Guarantee Period”). Buyer may apply for a one-time extension of Pacca Guarantee Period prior to the expiry of the applicable Pacca Guarantee Period through writing to our Customer Service E-mail @ support@Pacca.com, subject to the discretion of Pacca. Upon Pacca’s approval of extension, Pacca Guarantee Period may be extended for a maximum period of three (3) days unless Pacca in its sole discretion determines that a longer extension is appropriate or required.
9.6 If, for any reason, the Seller’s bank account cannot be credited and/or the Seller cannot be contacted, Pacca will practice any possible and reasonable endeavors to contact the Seller using the contact details provided by Seller/Merchant. In the event that the Seller cannot be contacted for more than twelve (12) months after the become due to the Seller and the Buyer’s Purchase Monies remain unclaimed, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.
9.8 The Pacca Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Pacca Guarantee. The Pacca Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and Pacca accepts no liability in connection with the same. Without limitation, the Pacca Guarantee does not constitute a product warranty.
9.9 Buyer and Seller acknowledge and agree that Pacca’s decision (including any appeals) in respect of and relating to any issues concerning the Pacca Guarantee is final.
9.10 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Pacca Guarantee.
10.1 Users may receive a voucher entitling them to additional Pacca Bonus (the “Pacca Discount/ Voucher”) on eligible redeems on the Platform. Pacca Bonus redeemed by a User following the redemption of a Pacca Discount/Cash Voucher shall have the same terms and conditions (including in relation to expiry) as regular Pacca Bonus.
10.2 Pacca may allow User to claim their own Pacca Discount Vouchers (each a “Seller Discount Voucher”) from Pacca which Buyers may apply to eligible purchases from the Seller’s store.
11.1 Pacca will notify Seller upon receiving the Buyer’s Purchase Monies. Unless otherwise agreed with Pacca, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and update the delivery details on Pacca’s tracking system for Buyers’ convenient.
11.2 Seller must use his/her best effort to ensure that Buyer receives the purchased goods is/ are functional within estimated arrival time for Delivery/ Pacca Guarantee Period, whichever applicable.
11.3 Users understand that the Seller shall be responsible from the period before the Buyer’s Purchased Goods delivered to Logistic Service Provider while Logistic Service Provider’s responsible shall commenced from the moment they receive the Buyer’s Purchased Goods from Seller/ Merchant until Delivery.
11.3 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 Pacca 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.
11.4 Handling fees / descriptions
11.5 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 importation and exportation of such product is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that Pacca cannot provide any legal advice in this regard and agrees that Pacca shall not bear any risks or liabilities associated with the import and export of such products to Malaysia. For Cross-Border Transaction. Users understand and acknowledge that , where a product listing states that the product will be ship form overseas , the delivery period will be longer than Pacca Guarantee Period. As such, application for extension of Pacca Guarantee Period shall be submit by the Buyer.
12.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Pacca Account.
12.2 Due to the nature of business in our Platform and diversity of sales items, Seller is given the right to set their own Return and Refund Policy. Such policy shall be reasonable and acceptable by common people. In the event where such Policy is unwritten, unacceptable or unreasonable, general cancellation, return and refund policy under Clause 12 shall be applicable.
12.3 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Pacca or Seller within 48 hours of receiving the delivery to expedite the claim process.
12.4 Buyer may only apply for return of the purchased Goods in the following circumstances:
(a) the Goods delivered to Buyer is defective and/or damaged on delivery;
(b) the Goods, in particular fashion items, which does not fit (not applicable for fashion items from overseas Sellers);
(c) the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;
(d) the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order; and
(e) such other circumstances which may be prescribed by Pacca on the Platform.
Notwithstanding Clause 12.4 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the goods Buyer received, Buyer should inspect the contents as soon as the order arrives.
12.5 Buyer may apply for the return of the purchased item and refund prior to the expiry of Pacca Guarantee Period, if applicable, subject to and in accordance with Seller’s Refunds and Return Policy.
12.6 Pacca reserves the right to cancel any transaction on the Platform and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Pacca Account.
12.7 Pacca does not monitor the cancellation, return and refund process for offline payment.
13.1 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.
13.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, transaction fee, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
13.3 Seller agrees that Pacca 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.
13.4 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Pacca 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.
13.5 Seller undertakes to act in good faith and act in accordance with terms under Clause 4.
13.6 Seller acknowledge and agrees that Seller’s violation of any of Pacca’s polices will result in a range of actions as stated in Clause 6.1.
14.1 The Pacca Platform allows Users to upload User-Generated Content (UGC) in the form of:
(a) general comments on the Pacca Platform;
(b) product reviews;
(c) product recommendations and demonstration;
(d) ‘Before & After’ effects of products;
(f) how to use products guides; and/or
(g) any other type of Content that we may, from time to time deem fit to allow in our sole and ultimate discretion and without any notice. UGC will be published on the Pacca Platform and will be available to any Users and/or anyone who accesses the Pacca Platform.
14.2 Users may upload UGC by using any of the provided upload functions on the Pacca Platform. User UGC will appear in selected areas of the Pacca Platform.
14.3 You acknowledge and understand that we only provide a platform for Users to upload Content. We do not monitor, review, screen, endorse, edit, curate, check or verify the Content uploaded to the Pacca Platform. You agree that you access the Content at your own risk and that any decision you make to view, or access the Content or any product or service you sell or purchase as a result of viewing, or accessing the Content is entirely between you and the Content provider. You are solely responsible and shall be liable for all Content you upload or otherwise make available on the Pacca Platform.
14.4 The Pacca Platform may contain links to third party websites that we do not own or control. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the contents of any third-party site. By using the Pacca Platform, you expressly relieve us from any and all liability arising from your use of any third-party website.
14.5 We reserve the right to decide which Users will be permitted to access any of the features offered by the Pacca Platform (including viewing the Content contained in the Pacca Platform or uploading the Content into the Pacca Platform). You are prohibited from using another person’s account without authorisation. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may be liable for the losses or damages we or other third parties suffer due to any unauthorized use of your account.
14.6 You will comply with all applicable laws, regulations, policies or guidelines and obtain all regulatory clearances necessary (eg any applicable permits or approvals you may require to display advertisements of products) prior to uploading any Content to the Platform.
(B) YOUR CONTENT
14B.1 You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any Content you submit; and, except for the Live Stream Content, you license to us all patents, trademarks, trade secrets, copyright or other proprietary rights in and to such Content for publication on the Pacca Platform pursuant to these Terms.
14B.2 By uploading Content to the Platform, you confirm that you own the copyright material to the Content. If the Content contains third party copyrighted material which you do not own, please obtain the copyright owner’s permission prior to uploading, sharing or distributing the Content to the Pacca Platform.
14B.3 Except for the Live Stream Content, you retain all of your ownership rights in your Content. However, by using the Pacca Platform, you grant to 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 Service and our business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
14B.4 Pacca will retain all ownership rights to all Live Stream Content uploaded to the Platform. This means we will own any Live Stream Content you created and we will be able to use your Live Stream Content (including deleting the Live Stream Content, using, reproducing, distributing, preparing derivative works of, displaying, performing the Content, promoting and/or monetizing the Live Stream Content) in any way without consulting you.
14B.5 You hereby assign, grant and deliver exclusively to Pacca all rights, titles and interests of every kind and nature whatsoever in and to the Live Stream Content, and all copies and versions, including all rights related to and necessary for licensing and merchandising, including rights of privacy and publicity. You further agree to execute and deliver to Pacca, if necessary, all relevant instruments and documents as Pacca from time to time reasonably may request for the purpose of establishing, evidencing, enforcing, or defending its complete, exclusive, perpetual, and worldwide ownership of all rights, titles, and interests of every kind and nature whatsoever, in and to the Live Stream Content.
14B.6 You also grant each User of the Platform a non-exclusive licence to access your Content through the Platform, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Platform and under these Terms.
14B.7 You further agree that the Content you upload on the Platform will not contain third party copyrighted material, or material that is subject to other third party intellectual property or other proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to us all of the license rights granted in these Terms.
14B.8 Pacca does not in any manner whatsoever endorse any Content uploaded to the Platform or in using the Service by any user or other licensee, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content.
(C) PROHIBITED CONTENT
14C.1 You agree not to upload or otherwise make available any Prohibited Content and without prejudice to the generality of the foregoing, you are to comply with the following restrictions, and classifications listed under Annex 1 to these Terms:
(a) No offensive content, such as defamatory content, content involving violence, cruelty, nudity, sex, sexual deviancy, pornography, sexual degradation, solicitation of prostitution, offensive language, crude references or hate speech; or content which is indecent, obscene, false or offensive in character, regardless of whether there is malice or intention to annoy, abuse, threaten or harass any person including but without limitation in the aspect of race, sex, religion, nationality, disability, sexual orientation or age.
(b) No content which is unsuitable for users aged 18 and below.
(c) No content promoting terrorism or terror-related activities.
(d) No content involving references to physical, mental or sensory disability.
(e) No content which encourages the public to engage in or promote unlawful acts, violence, selling or consuming narcotics, psychotropic or other addictive substances.
(f) No inflammatory, subversive or seditious content, such as content which incites or promotes conflict against the country or any state, its constitution, government or laws; or incites or promotes conflict between groups, ethnics, races, religions or genders, or degrade religious or cultural beliefs.
(g) No content involving gambling, such as games, lotteries, horse-racing, sports betting.
(h) No content involving minors without the written consent of such minor’s parent or legal guardian.
(i) No content relating to or promoting content prohibited or banned under any law.
(j) No content which infringes intellectual property rights or causes confusion on the relationship with other organizations or individuals.
(k) No content involving the impersonation of organisations or individuals without such organisations’ or individuals’ written consent.
(l) No content with the intention to fish the personal data from Pacca to third party platform.
(m) No content which is misleading, false or deceptive for the purpose of sales
(n) No Content shall claimed to be certified or proven unless these are genuinely recognized, certified and proven by relevant bodies or organization.
14C.2 If your Content involves the use of physical stunts (for example, where it carries even a slight risk of injury or damage whether to property or person), you must ensure the words “Do Not Attempt” or words of similar meaning are prominently featured on the Content.
14C.3 We do not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and we will remove all Content if properly notified that such Content infringes on another’s intellectual property rights, in accordance with applicable laws on intellectual property rights.
14C.4 We reserve the right to remove any Content without prior notice to you or without providing any reason for such removal.
14C.5 You agree that Pacca shall not be liable in any manner whatsoever for any losses or damage suffered in any way as result of Pacca’s exercise of its discretion to remove Content.
(D) SPECIFIC USER CONDITION FOR Live Stream CONTENT
14D.2 If we have determined that a Broadcaster has failed to comply with these terms and conditions or any of our policies, or for any other reasons deemed necessary by Pacca, the Seller must immediately comply with our instructions, including immediately terminating or removing the Live Streamed Content, taking down all saved Live Streamed Content and publicly inform other users on the Platform of the Broadcaster’s failure to comply. Pacca also reserves the right to immediately terminate any Live Streamed Content at any time in its ultimate discretion, without giving any reasons.
14D.3 Sellers shall ensure Broadcasters are neatly dressed during the live-stream, and that they avoid wearing inappropriate clothing (such as clothes which are vulgar or obscene, degrade religious or cultural traditions, or feature offensive language).
(a) Broadcasters shall not wear clothes which reveal sensitive areas of the body;
(b) Broadcasters shall not wear the uniform or dress of government bodies, armed forces or any organisation.
(c) Broadcasters shall not wear anything that we may, from time to time, decide in our sole and ultimate discretion as being inappropriate.
14D.4 Only featured audio-visual content including songs and videos permitted under applicable laws, regulations, policies or guidelines, including the following:
(a) laws on personal data protection;
(b) laws on intellectual property protection;
(c) the licensing regime under the Communications and Multimedia Act 1998 and its subsidiary legislation;
(d) laws on film censorship;
(e) content laws; and
(f) consumer protection laws.
14D.5 Do not display items with inflammatory or offensive elements, including but not limited to items which are sexually suggestive, undermine religious or racial harmony, which refer to disabilities or which degrade national themes.
14D.6 Do not promote or endorse unlawful acts such as drugs, gambling or gun possession.
14D.7 Do not perform high-risk stunts or activities.
14D.8 Do not display or focus on nudity or sensitive parts of the body such as the chest, buttocks and groin.
14D.9 Do not promote or endorse organisations promoting unlawful pyramid schemes.
14D.10 Do not self-abuse or attacks others (including but not limited to alcoholism, self-harm, suicide, mutual abuse, animal abuse, ingesting items which cause harm (such as living things, dead objects or inanimate objects).
14D.11 Do not perform or display action which constitute cyber bully in the eyes of law either by way of verbal or non-verbal.
14D.12 Do not Live Stream in sensitive locations like hospitals, cemeteries, childcare centres, schools or government buildings.
14D.13 Pacca reserves the right to terminate any Live Stream at any time without giving any reasons.
(E) SOFTWARE LICENSE AND PROPRIEATY RIGHT OF PACCA
14E.1 All intellectual property rights, whether registered or unregistered, in the Platform, which includes any Professional Generated Content (PGC) or information content on the Platform and all the website design, trademarks, logos, text, graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform are protected under applicable intellectual property laws.
14E.2 The Platform, Intellectual Property and Contents, or any part thereof, shall not be copied, reproduced, distributed, licensed, transferred, published, in any form, or otherwise dealt with in any manner, except as expressly permitted by the Terms. You shall not disassemble, decompile or reverse engineer the Platform.
15.1 Pacca charges a fee for all successful transactions completed on the Platform (“Transaction Fee”). The Transaction Fee is borne by the Seller, and is calculated at six percent (6%) of the Buyer’s Purchase Monies, rounded up to the nearest cent. The Payment Fee is subject to Sales and Service Tax or any taxable amount by law from time to time (Tax Amount) , and the Seller is responsible for such Tax Amount.
15.2 Following the successful completion of a transaction, Pacca shall deduct the Transaction Fee and the Tax Amount from the Buyer’s Purchase Monies, and remit the balance to the Seller after the Security Period as stipulated in Clause 15.3.
15.3 The Buyer’s Purchase Monies shall be placed at Pacca’s account for a period of 7 days (Security Period) being the safeguard and insurance in the event where there is any dispute arise between Seller and Buyer.
15.4 Pacca shall remit the balance amount after deduction of Transaction fee and Tax amount. Pacca shall issue receipts or tax invoices for the Transaction Fee and Tax Amount paid by Seller on request.
16.1 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, which Pacca shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the customer tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
16.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Pacca or its Affiliates (except where Pacca 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.
16.3 Users covered under Pacca Guarantee may send written request to Pacca to assist them in resolving issues which may arise from a transaction upon request. Pacca may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute.
16.4 Provision under Clause 15 shall only applicable to Buyers covered under Pacca Guarantee provided that such dispute arose within Pacca Guarantee Period. 16.5 In the event where there is Dispute arose between User and Pacca, User agreed and acknowledged that such dispute shall resolved by way or Alternate Dispute Resolution (ADR) and the applicable law shall be Law of Malaysia.
17.1 Pacca welcomes information and feedback from our Users which will enable Pacca to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email to or using the feedback form found on the App.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained and Pacca reserved every legal right in action.
18.1 By submitting or uploading Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Pacca. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Pacca and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
19.1 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, Pacca 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 Pacca responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
19.2 In addition, 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 Pacca. 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. Pacca 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 Pacca 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 Pacca 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.
20.1 You represent and warrant that:
(a) you possess the legal and mental 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.
21.1 If Pacca, 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 Pacca, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) 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 Pacca Guarantee;
(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 courts in Malaysia or elsewhere and directed to Pacca;
(d) We may refuse to provide the Services to you now and in the future;
(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Pacca or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
(f) We may provide your personal information including, but without limitation, personal or company details, transaction details, bank details or any other information so required by law for the sole purpose of investigating the fraudulent and suspicious activities.
For the purposes of this Clause: “Chargeback” means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment. “Claim” means a challenge to a payment that a Buyer or Seller files directly with Pacca. “Reversal” means the reversal of a payment by Pacca because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by Pacca, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other Pacca policy, or (e) Pacca decided a Claim against you.
You agree to indemnify, defend and hold harmless Pacca, 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 Pacca or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the Pacca Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Pacca, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.
These Terms of Service and the use of and access to the Services shall be governed by and interpreted in accordance with the laws of Malaysia without regard to its conflict of law rules. All controversies, disputes or claims arising out of or relating to these Terms of Service, and/or the use of access to the Services will be exclusively and finally settled by the courts in Malaysia.
24.1 Pacca reserves all rights not expressly granted herein.
24.2 Pacca may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
24.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
24.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Pacca, nor does it authorise you to incur any costs or liabilities on Pacca’s behalf.
24.5 The failure of Pacca at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
24.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Pacca’s affiliates and subsidiaries (and each of Pacca’s and its affiliates’ and subsidiaries’ respective successors and assigns).
24.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. 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. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Clause it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
24.8 You agree to comply with all applicable laws, rules and regulations in connection with the use of the Services and any content you submit, including without limitation, compliance with data privacy laws, applicable export control laws and other regulations of Malaysia. You will be responsible for all activities conducted under your username and account.
24.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: support@Pacca.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.