TermOfServices

Terms of Service

1. INTRODUCTION

1.1 Welcome to the SevenMoon platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a SevenMoon account (“Account”) so that you are aware of your legal rights and obligations with respect to Adar Digital Sdn. Bhd. (Company Registration No. 1432692-A) and its affiliates and subsidiaries (individually and collectively, “SevenMoon”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by SevenMoon client software made available through the Site, 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 Site 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 SevenMoon.

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 ShopOwner (“ShopOwner”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and ShopOwner and SevenMoon is not a party to that or any other contract between Buyer and ShopOwner 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. SevenMoon is not involved in the transaction between Users. SevenMoon may or may not pre-screen Users or the Content or information provided by Users. SevenMoon reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. SevenMoon cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 SevenMoon reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. SevenMoon 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. SevenMoon may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5 SevenMoon 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.

BY USING SEVENMOON 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 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. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, 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.

2. PRIVACY

2.1 Your privacy is very important to us at SevenMoon. To better protect your rights, we have provided the SevenMoon Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how SevenMoon collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:

(i) consent to SevenMoon’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and SevenMoon; 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 SevenMoon’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. LIMITED LICENSE

3.1 SevenMoon 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 Site are the property of SevenMoon and where applicable, third-party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site 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 Site 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 Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site 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).

3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with SevenMoon. You acknowledge that SevenMoon may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

4. SOFTWARE

4.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. SevenMoon reserves all rights to the software not expressly granted by SevenMoon hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by SevenMoon.

5. ACCOUNTS AND SECURITY

5.1 Some functions of our Services require 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 SevenMoon, in its sole discretion, finds offensive or inappropriate, SevenMoon has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. SevenMoon has not reviewed, and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2 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 SevenMoon 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 were not committed by you. SevenMoon will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3 You agree that SevenMoon 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 Site 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 or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that SevenMoon 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 products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same ShopOwner or related group of ShopOwners, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or (h) behaviour that is harmful to other Users, third parties, or the business interests of SevenMoon. 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, SevenMoon may terminate your Account immediately with or without notice.

5.4 Users may terminate their Account if they notify SevenMoon in writing (including via email at support@SevenMoon.app) of their desire to do so. 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 SevenMoon after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. SevenMoon 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 SevenMoon.

5.5 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.

6. TERM OF USE

6.1 The license for use of this Site 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, SevenMoon may effect such termination with or without notice to you.

6.2 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, vulgar, obscene, libellous, 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 export and import restrictions, third-party rights;

(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 Site;

(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of SevenMoon;

(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 SevenMoon 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 SevenMoon with respect to the Services and/or data transmitted, processed or stored by SevenMoon;

(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 Site;

(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 including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;

(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;

(y) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;

(z) infringe the rights of SevenMoon, including any intellectual property rights and any passing off of the same thereof;

(aa) 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

(bb) 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.

(cc) direct or encourage another user to conduct a transaction other than on the Site.

6.3 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 SevenMoon, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, 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 SevenMoon 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 Site.

6.4 You acknowledge that SevenMoon 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 Site without any liability to you. Without limiting the foregoing, SevenMoon and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (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. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or 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 SevenMoon or submitted to SevenMoon, including, without limitation, information in SevenMoon Forums and in all other parts of the Site.

6.5 You acknowledge, consent to and agree that SevenMoon may access, preserve and disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, 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 SevenMoon 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 or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of SevenMoon, its Users and/or the public.

7. VIOLATION OF OUR TERMS OF SERVICE

7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:

• Listing deletion
• Limits placed on Account privileges
• Account suspension and subsequent termination
• Criminal charges
• Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2 If you believe a User on our Site is violating these Terms of Service, please contact support@SevenMoon.app.

8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

8.1 As stated above, SevenMoon does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).

8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with SevenMoon in any way and SevenMoon is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.

8.3 If you are an 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 by submitting the online form at support@SevenMoon.app and provide us the documents requested below to support your claim. Do allow us time to process the information provided. SevenMoon will respond to your complaint as soon as practicable.

8.4 Complaints under this Section 8 must be provided in the form prescribed by SevenMoon, 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 description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c ) a description of the nature of alleged infringement with sufficient details to enable SevenMoon to assess the complaint (d) URL(s) of the listing(s) which contain the alleged infringement; (e) sufficient information to allow SevenMoon 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, 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.

8.5 SevenMoon acknowledges a manufacturer’s right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the ShopOwners, SevenMoon does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution.

8.6 Each and every ShopOwner agrees to hold SevenMoon and its Affiliates 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

9. PURCHASE AND PAYMENT

9.1 SevenMoon supports one or more of the following payment methods in each country it operates in:

(i) 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.

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

9.3 SevenMoon 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.

10. SHOPOWNER WALLET

10.1 Your Account allows the storage of money you receive from your sales proceeds made on the Platform (“ShopOwner Wallet”). The sum of this money, minus any withdrawals, will be reflected as your ShopOwner Wallet’s balance.

10.2 You may transfer funds from your ShopOwner Wallet (up to the amount of your SevenMoon Wallet balance) to your linked bank account (“Linked Account”) by submitting a transfer request (“Withdrawal Request”) a maximum of once per day. SevenMoon may also automatically transfer funds from your ShopOwner Wallet to your Linked Account on a regular basis, as determined by SevenMoon. SevenMoon shall only process such transfers on business days and such transfers may take up to seven business days to be credited to your Linked Account.

10.3 ShopOwners are entitled to one (1) free Withdrawal Request per week (“Weekly Withdrawal Limit”). SevenMoon may impose a fee of RM1.00 for each additional Withdrawal Request made in excess of the Weekly Withdrawal Limit (“Withdrawal Fee”). The Withdrawal Fee is subjected to Sales and Service Tax (“SST”). The Weekly Withdrawal Limit and the Withdrawal Fee are subject to change at SevenMoon’s discretion.

10.4 Money from your sale of items on SevenMoon shall be credited to your ShopOwner Wallet within three (3) days after the item is delivered to Buyer or immediately after Buyer has acknowledged that they have received the item.

10.5 Once submitted, you may not modify or cancel a Withdrawal Request.

10.6 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. If we are unable to debit your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your ShopOwner Wallet in the future. If we are unable to credit your Alternative Account, for any reason, we reserve our right to handle or process such money in accordance with the applicable law, including the Unclaimed Moneys Act 1965.

10.7 You authorize us to initiate debit or credit entries to your ShopOwner Wallet:

(i) to correct any errors in the processing of any transaction;

(ii) where SevenMoon has determined that you have engaged in fraudulent or suspicious activity and/or transactions;

(iii) in connection with any lost, damaged or incorrect items;

(iv) in connection with any rewards or rebates;

(v) in connection with any uncharged fees;

(vi) in connection with the settlement of any transaction dispute, including any compensation due to, or from, you;

(vii) in connection with any banned items or items that are detained by customs;

(viii) in connection with any change of mind agreed to by both Buyer and ShopOwner; and

(ix) to purchase Advertising Credits where you have activated the Advertising Credits Top Up Feature and your Advertising Credits have fallen below your Advertising Credits Minimum Amount.

11. SEVENMOON COINS REWARD SYSTEM

11.1 Users may earn loyalty points (“SevenMoon Coins”) by buying merchandises on the Site or through participation in other SevenMoon activities as SevenMoon may from time to time determine (“Eligible Activities”) based on the conversion rate determined by SevenMoon in its sole discretion. Generally, SevenMoon Coins will be credited to a User’s Account upon the completion of a successful transaction or activity approved by SevenMoon. You are eligible to participate in the SevenMoon Coins reward system if you are a User and your Account does not expressly exclude you from participation.

11.2 Transaction not completed on the Site do not qualify for the SevenMoon Coins reward system. SevenMoon may at its sole discretion exclude categories of items from the SevenMoon Coins reward system.

11.3 SevenMoon Coins credited to Buyers have no monetary value, do not constitute Buyer’s property and cannot be purchased, sold, transferred or redeemed for cash by Buyer.

11.4 Subject to SevenMoon rules and regulation as determined, varied or modified by SevenMoon from time to time, subject to any cap imposed by SevenMoon at its sole discretion, User may redeem SevenMoon Coins by sending a request to SevenMoon and use SevenMoon Coins to offset the purchase price of selected items when making purchases on the Site as advised by SevenMoon from time to time. All refunds will be subject to SevenMoon’s Refunds and Return Policy under Section 16.

11.5 The SevenMoon Coins you redeem or donate will be deducted from your SevenMoon Coins balance. Each SevenMoon Coins comes with an expiry date. Do check your account details on the Site for SevenMoon Coins balances and expiry date.

11.6 From time to time, we may tell you that bonus SevenMoon Coins will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make at participating ShopOwners or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.

11.7 If you have a dispute in relation to the number of SevenMoon Coins which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim.

11.8 SevenMoon gives no warranty and accepts no responsibility as to the ultimate tax treatment of SevenMoon Coins. You will need to check with your tax advisor whether receiving SevenMoon Coins affects your tax situation.

11.9 SevenMoon reserves the right to (i) discontinue the SevenMoon Coins Reward System at any time at its sole discretion and (ii) cancel or suspend a user’s right to participate in SevenMoon Coins Reward System, including the ability to earn and redeem SevenMoon Coins at its sole discretion.

12. SEVENMOON BUYER’S PURCHASE MONIES

12.1 In order to protect against the risk of liability, payment for purchases made to ShopOwner using SEVENMOON platforms will be held by SevenMoon or its authorised agent (“SevenMoon Account”). ShopOwner will not receive interest or other earnings from the sum you have paid into SevenMoon Account.

12.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in SevenMoon Account until:

(a) Buyer sends confirmation to SevenMoon that Buyer has received his/her goods, in which case, unless 12.2(d) applies, SevenMoon will release Buyer’s Purchase Monies (less the Transaction Fee, Service Fee and all the Tax Amount (defined below), in SevenMoon Account to ShopOwner;

(b) SevenMoon Holding Period (or any approved extension under 12.3) expires, in which case, unless 12.2(c) or 12.2(d) applies, SevenMoon will release Buyer’s Purchase Monies (less the Transaction Fee, Service Fee and all the Tax Amount (defined below)), in SevenMoon Account to ShopOwner;

(c) SevenMoon determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 12.2(d) applies, SevenMoon will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;

(d) such other time as SevenMoon reasonably determines that a distribution of Buyer’s Purchase Monies (less the Transaction Fee, Service Fee and all the Tax Amount (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.

12.3 Payments made through SevenMoon channels will be held in the SevenMoon Account for a specified period of time (the “SevenMoon Holding Period”).

12.4 If, for any reason, the ShopOwner’s bank account cannot be credited and/or the ShopOwner cannot be contacted, SevenMoon will use reasonable endeavours to contact the ShopOwner using the contact details provided by him/her.  In the event that the ShopOwner cannot be contacted for more than twelve (12) months after the become due to the ShopOwner 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.

12.5 ShopOwner/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. SevenMoon may require ShopOwner or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. ShopOwner/Buyer hereby grants SevenMoon his/her consent to use or provide to third party his/her personal data to facilitate his/her use of the Site. Further, ShopOwner/Buyer authorises SevenMoon to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such as his/her bank. For more information in relation to how SevenMoon handles your personal information, please visit our Privacy Policy page.

12.6 The SevenMoon holding account is in addition and without limitation to Buyer’s and ShopOwner’s obligations under applicable law, which may go above and beyond what is provided for by the SevenMoon platforms. The SevenMoon holding account is neither intended nor designed to assist Buyer or ShopOwner in complying with its own legal obligations, for which each party will remain solely responsible, and SevenMoon accepts no liability in connection with the same. Without limitation, the SevenMoon holding account does not constitute a product warranty.

12.7 Buyer and ShopOwner acknowledge and agree that SevenMoon’s decision (including any appeals) in respect of and relating to any issues concerning the SevenMoon holding account is final.

12.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by SevenMoon holding account.

13. SEVENMOON COINS MARKETING SERVICES

13.1 ShopOwners may purchase SevenMoon Coins for gratuitous distribution to Buyers for marketing purposes under the “Marketing Centre” section of the ShopOwner Centre (“Marketing Centre”).  If you are a ShopOwner that purchases SevenMoon Coins, you will be deemed to have consented to the terms and conditions described in this Section, and any explanatory materials published on this Site, the ShopOwner Centre or otherwise communicated to ShopOwners in writing (“ShopOwner Coins Rules”).

13.2 In order to purchase SevenMoon Coins, you must be an eligible ShopOwner under the ShopOwner Coins Rules. At the time you purchase and pay for the SevenMoon Coins, your Account must not be suspended.

13.3 You may purchase SevenMoon Coins via the payment methods set out in the Marketing Centre.  After payment is completed, the SevenMoon Coins will be issued to your Account for giveaway to Buyers within 24 hours, and shall expire six (6) months after purchase or such other time as determined by SevenMoon. Except as otherwise provided in the applicable ShopOwner Coins Rules, you may not cancel the order and/or request for a refund after you have purchased SevenMoon Coins and completed the payment process.

13.4 SevenMoon Coins purchased by ShopOwners may only be given away, free-of-charge, to Buyers via promotional channels made available in the Marketing Centre.  You may not sell, redeem, or otherwise deal in, SevenMoon Coins under any circumstances.  You agree that failure to comply with this section or any of the ShopOwner Coins Rules may, without limitation, result in the forfeiture of SevenMoon Coins purchased by you, in addition to any other actions or remedies that SevenMoon may take or enforce.

13.5 You understand and agree that SevenMoon does not warrant or guarantee any increase in viewership or sales of your items as a result of the purchase and gratuitous distribution of SevenMoon Coins.

13.6 You are advised to only purchase SevenMoon Coins after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the ShopOwner Coins Advertising Rules, SevenMoon shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of purchasing SevenMoon Coins.

13.7 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, SEVENMOON IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO THE PURCHASE BY YOU OF SEVENMOON COINS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE SEVENMOON COINS IN QUESTION ONLY.

14. SEVENMOON COINS CASHBACK VOUCHER

14.1 Users may receive a voucher entitling them to additional SevenMoon Coins (the “SevenMoon Coins Cashback Voucher”) on eligible purchases on the Site. Upon the completion of a successful transaction where the SevenMoon Coins Cashback Voucher has been applied, additional SevenMoon Coins will be credited to a User’s Account based on the conversion rate as indicated in the terms and conditions of such SevenMoon Coins Cashback Voucher (“Additional SevenMoon Coins Rate”) or as determined by SevenMoon in its sole discretion. SevenMoon Coins credited to a User following the redemption of an SevenMoon Coins Cashback Voucher shall have the same terms and conditions (including in relation to expiry) as regular SevenMoon Coins.

14.2 SevenMoon may allow ShopOwners to generate their own SevenMoon Coins Cashback Vouchers (each a “ShopOwner Coins Cashback Voucher”), which Buyers may apply to eligible purchases from the ShopOwner’s store. If you are a ShopOwner that generates a ShopOwner Coins Cashback Voucher, you will be deemed to have consented to the terms and conditions described in this Section.

14.3 When generating a ShopOwner Coins Cashback Voucher, the Additional SevenMoon Coins Rate will be determined by ShopOwner at the ShopOwner’s own discretion. ShopOwner shall be solely responsible for the accuracy of the Additional SevenMoon Coins Rate.

14.4 For each completed transaction where a Buyer successfully applies a ShopOwner Coins Cashback Voucher, the ShopOwner shall pay SevenMoon the value of the additional SevenMoon Coins credited to the Buyer (“Coins Cashback Price”). The Coins Cashback Price is calculated in Malaysian Ringgit as the number of additional SevenMoon Coins to be credited to the Buyer’s Account divided by 100, rounded up to the nearest cent. The Coins Cashback Price is subject to SST (“Coins Cashback Tax Amount”), and the ShopOwner is responsible for such Coins Cashback Tax Amount.

14.5 Following the successful completion of a transaction, SevenMoon shall deduct the Coins Cashback Price and Coins Cashback Tax Amount from the Buyer’s Purchase Monies, and remit the balance to the ShopOwner in accordance with Section 12.2. SevenMoon shall issue receipts or tax invoices for the Coins Cashback Price and Coins Cashback Tax Amount on request. For the avoidance of doubt, the Coins Cashback Price and Coins Cashback Tax Amount applies in addition to the Transaction Fee and Tax Amount under the Terms of Service.

14.6 The Coins Cashback Price and Coins Cashback Tax Amount is strictly non-refundable.

15. DELIVERY

15.1 SevenMoon will inform ShopOwner when SevenMoon receives Buyer’s Purchase Monies. Unless otherwise agreed with SevenMoon, ShopOwner 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.

15.2 ShopOwner must use his/her best effort to ensure that Buyer receives the purchased items within, the time period specified by ShopOwner on ShopOwner’s listing.

15.3 Users understand that ShopOwner 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 SevenMoon will not be liable for any damage, expense, cost or fees resulted therefrom and ShopOwner and/or Buyer will reach out to the logistic service provider to resolve such dispute.

15.4 Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, ShopOwner and SevenMoon in such proportions as may be determined by SevenMoon and published on the Site from time to time.  SevenMoon shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct the ShopOwner’s proportion of the Shipping Fee from the Buyer’s Purchase Monies in accordance with Section 12.2, and (iii) pay the total Shipping Fee to the delivery company.

16. CANCELLATION, RETURN AND REFUND

16.1 Buyer have the right to a refund for a cancelled Order only if a ShopOwner has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the ShopOwner, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order. 

16.2 SevenMoon 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 Purchase Monies paid into SevenMoon Account credit.

16.3 If you have redeemed SevenMoon Coins for your transaction and you are successful in obtaining a refund based on SevenMoon’s Refunds and Return Policy, SevenMoon shall refund the monies you have actually paid for the item and credit back any redeemed SevenMoon Coins to your Account separately.

16.4 SevenMoon does not monitor the cancellation, return and refund process for offline payment.

16.5 Refunds to Buyers shall be made to their SevenMoon wallet within one (3) day of the return or refund request being approved. 

17. SHOPOWNER’S RESPONSIBILITIES

17.1 ShopOwner 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 ShopOwner’s listing and shall not post inaccurate or misleading information.

17.2 The price of items for sale will be determined by the ShopOwner 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, value-added tax, tariffs, etc. and ShopOwner shall not charge Buyer such amount additionally and separately.

17.3 ShopOwner agrees that SevenMoon may at its discretion engage in promotional activities to induce transactions between Buyer and ShopOwner 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.

17.4 For the purpose of promoting the sales of the items listed by ShopOwner, SevenMoon may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by SevenMoon.

17.5 ShopOwner shall issue receipts, credit card slips or tax invoices to Buyer on request.

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

17.7 ShopOwner acknowledge and agrees that ShopOwner’s violation of any of SevenMoon’s polices will result in a range of actions as stated in Section 7.1.

18. PURCHASE AND SALE OF ALCOHOL

18.1 The purchase and sale of alcoholic products (“Alcohol”) on the Site is permitted by SevenMoon subject to the terms and conditions of this Section 18. If you are a buyer of Alcohol (“Alcohol Buyer”), you will be deemed to have consented to the terms and conditions in this Section 20 when you purchase Alcohol on the Site. Similarly, if you are an approved ShopOwner of Alcohol (“Alcohol ShopOwner”), you will be deemed to have consented to the terms and conditions in this Section 20 when you sell Alcohol on the Site.

18.2 If you are an Alcohol Buyer:

(i) you represent and warrant that you and (if applicable) the person receiving the Alcohol (“Recipient”) are (a) aged 21 or above; (b) are not Muslim or otherwise prohibited from buying Alcohol under any law, regulation or religion; and (c) understand the following: “MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”; and

(ii) if requested by an Alcohol ShopOwner or SevenMoon (or its agents), you and/or the Recipient shall provide photo identification for age verification purposes.

18.3 If you are an Alcohol ShopOwner, you represent and warrant that:

(i) you are not Muslim or otherwise prohibited from selling Alcohol under any law, regulation or religion;

(ii) 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 SevenMoon immediately upon request for verification purposes; and

(iii) all information and documents provided to SevenMoon are true and accurate.

18.4 When delivering Alcohol to an Alcohol Buyer:

(i) the delivery agent reserves the right to request for valid photo identification for age verification purposes; and

(ii) SevenMoon (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.

18.5 Each Alcohol Buyer and Alcohol ShopOwner severally agrees to indemnify, defend and hold harmless SevenMoon, 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 inaccuracy or breach of its representations in Section 18.2 and/or Section 18.3 (as applicable); and (b) its breach of any law or any rights of a third-party.

19. TRANSACTION FEES

19.1 SevenMoon charges a fee for all successful transactions completed on the Site (“Transaction Fee”). The Transaction Fee is borne by the ShopOwner, and is calculated at five percent (5%) of the Buyer’s Purchase Monies, rounded up to the nearest cent. The Transaction Fee is subject to SST (“Tax Amount”), and the ShopOwner is responsible for such Tax Amount.

19.2 SevenMoon charges a fee for all successful transactions completed on the Site (“Service Fee”). The Transaction Fee is borne by the ShopOwner, and is calculated at fifteen percent (15%) of the Buyer’s Purchase Monies, rounded up to the nearest cent. The Transaction Fee is subject to SST (“Tax Amount”), and the ShopOwner is responsible for such Tax Amount.

19.3 Following the successful completion of a transaction, SevenMoon shall deduct the Transaction Fee, Service Fee and all the tax Amount, from the Buyer’s Purchase Monies, and remit the balance to the ShopOwner in accordance with Section 12.2. SevenMoon shall issue receipts or tax invoices for the Transaction Fee, Service Fee and Tax Amount paid by ShopOwner on request.

20. DISPUTES

20.1 In the event a problem arises in a transaction, the Buyer and ShopOwner agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which SevenMoon shall use reasonable commercial efforts to facilitate. 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.

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

20.3 Users may send written request to SevenMoon to assist them in resolving issues which may arise from a transaction upon request. SevenMoon may, at its sole discretion and with absolutely no liability to ShopOwner and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to SevenMoon’s Refunds and Return Policy.

20.4 To be clear, the services provided under this Section 19 are only available to Buyers purchase and payment within SevenMoon mobile app. Buyer using other payment means for his/her purchase should contact ShopOwner directly.

21. FEEDBACK

21.1 SevenMoon welcomes information and feedback from our Users which will enable SevenMoon 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.

22. DISCLAIMERS

22.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SEVENMOON OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEVENMOON DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

22.2 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.

22.3 SEVENMOON HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SHOPOWNERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS.IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE SEVENMOON AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

23. EXCLUSIONS AND LIMITATIONS OF LIABILITY

23.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEVENMOON BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:

(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR

(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF SEVENMOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

23.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, SEVENMOON IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE SEVENMOON Account; AND (B) MYR10 (TEN RINGGITS).

23.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY SEVENMOON’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF SEVENMOON THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

24. YOUR CONTRIBUTIONS TO THE SERVICES

24.1 By submitting 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 SevenMoon. 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 SevenMoon 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.

24.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to SevenMoon by any means (each, a “Submission”), is not considered confidential by SevenMoon and may be disseminated or used by SevenMoon without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to SevenMoon, you acknowledge and agree that SevenMoon and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant SevenMoon and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission 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). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.

25. THIRD-PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS

25.1 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, SevenMoon 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 SevenMoon responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.

25.2 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 SevenMoon. 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. SevenMoon 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 SevenMoon 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 SevenMoon 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.

26. YOUR REPRESENTATIONS AND WARRANTIES

26.1 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.

27. FRAUDULENT OR SUSPICIOUS ACTIVITY

27.1 If SevenMoon, 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 SevenMoon, other Buyers or ShopOwners, 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 SevenMoon account;

(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 SevenMoon;

(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 SevenMoon or a third-party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

For the purposes of this Section:

“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 ShopOwner files directly with SevenMoon.

“Reversal” means the reversal of a payment by SevenMoon because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by SevenMoon, (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 SevenMoon policy, or (e) SevenMoon decided a Claim against you.

28. INDEMNITY

28.1 You agree to indemnify, defend and hold harmless SevenMoon, 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 SevenMoon or its Affiliates is the ShopOwner in the transaction that the dispute relates to), (b) the SevenMoon account, (c) the hosting, operation, management and/or administration of the Services by or on behalf of SevenMoon, (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.

29. SEVERABILITY

29.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

30. GOVERNING LAW

30.1 These Terms of Service shall be governed by and construed in accordance with the laws of the Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. 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 SevenMoon or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Malaysia for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.

31. GENERAL PROVISIONS

31.1 SevenMoon reserves all rights not expressly granted herein.

31.2 SevenMoon 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.

31.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

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

31.5 The failure of SevenMoon 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.

31.6 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 SevenMoon’s affiliates and subsidiaries (and each of SevenMoon’s and its affiliates’ and subsidiaries’ respective successors and assigns).

31.7 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 Section 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.

31.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act, the Singapore Prevention of Corruption Act and 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.

32. IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

(a) Contact Us First.
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.

(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 9 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 9(h) below.

(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.

(d) Exceptions.
Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies).

(e) No Class Actions.
YOU AND SEVENMOON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to SevenMoon must be addressed to the following address (“Notice Address”) and must be sent by certified mail: SevenMoon, Inc., Attn: Legal Department, SevenMoon, at 23, Jalan Sulam, Taman Sentosa, 80150 Johor Bahru, Johor Malaysia, Reg. No. 1432692-A (“Adar Digital Sdn Bhd”). Notice to you will be addressed to a mailing, home or payment address currently on record with SevenMoon and must be sent by certified mail. If SevenMoon has no records of such physical address, such notice may be delivered to your SevenMoon account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If SevenMoon and you do not reach an agreement to resolve the claim within ninety (90) calendar days after the Notice is received, you or SevenMoon may commence an arbitration proceeding.

(g) Arbitration Proceedings.
These Terms of Service shall be governed by and construed in accordance with the laws of the Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to SevenMoon or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Malaysia for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.

(h) Future Changes.
Notwithstanding any provision in these Terms to the contrary, you and SevenMoon agree that if SevenMoon makes any future change to this arbitration provision (other than a change to the Notice Address) SevenMoon will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.

(i) Special Severability.
In the event that any provisions of this Section 9 are found to be invalid or unenforceable for any dispute or claim, then, the entirety of this Section 9 will be null and void with respect to such dispute or claim and Section 22 will apply in lieu of this Section 9.

(j) Opt Out.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to ebmail{legal@SevenMoon.app=>mailto:legal@SevenMoon.app?subject=ARBITRATION AND CLASS ACTION WAIVER OPT-OUT&body=Add your request here.}, with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, SevenMoon also will not be bound by them.

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.

Last Updated: 28 January 2022