These Terms and Conditions stated herein (“Terms of Service”) apply to the Eesydian website and/or Eesydian mobile application (“Site”) is owned, managed, and operated by ANTS ECOMMERCE SOLUTION SDN BHD (Company No.1311236-U), (the “Eesydian”, “our”, “we” or “us”). For the purpose of these Terms of Service, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user on the Site by providing registration data while registering on the Site. By signing up for, installing, accessing or using of Eesydian services, features, software or website (“Services”), including Privacy Policy, you agree that you have read, understood, accepted and agreed with the Terms of Service. If you do not agree or accept to the Terms of Service, please do not access and/or continue to use the Services. We reserve the right to update, change, modify, add, or remove all or portions of the Terms of this agreement at any time. Any amendments, updates or changes will be effective forthwith when posted on the Site with no other notice provided. You are advised to check the Terms of Service regularly from time to time for any updates and changes. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes. This agreement applies to all Users of the Site, including visitors, registered Users and persons posting information or content on the site.

  1. CONDITIONS OF USE
    1. Minimum Age Requirement. You must be 18 years and above where you are legally entitled to be authorised to use our Services. Without limiting the generality of the foregoing, Eesydian service is not available to persons below the minimum age requirement.
    2. Registration. To access and use the Services, you must register for a Eesydian Account (“Account”) by providing your current active mobile phone number, a valid email address, and any other information indicated as required. We may reject your application for registration on Account, or cancel existing Account, for any reason, in our sole discretion.
    3. User Account. Upon registration of Eesydian Account, we shall assign an account and issue a User ID and password to each registered User. Each User shall be solely responsible for maintaining the confidentiality and security of your User ID and password and for all activities that occur under your account. No User may share, assign, or permit the use of your User Account, ID or password by another person and/or third party outside the User’s own business entity. We shall not be liable and responsible for any loss or damage from your failure to maintain the security of your Account, User ID and password. You must notify us immediately if you become aware of any unauthorized use of password or account or any breach of security of your account by any person and/or third party. You agree that all activities that occur under your account (including without limitation, posting any company or product information, subscribing to or making any payment for any services, sending emails using the email address or sending SMS) will be deemed to have been authorized by you.
    4. Fees for the Service. Use of the website and its services as a User is free from any charges.
    5. Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
  2. ACCOUNT ACTIVATION
    1. The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
    2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  3. REPRESENTATIONS AND WARRANTIES
    1. Each User represents, warrants, and agrees that:-
      1. You have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;
      2. You use the Sites and Services for business purposes only;
      3. The address you provide when registering is the principal place of business of your business entity;
      4. Any material or information that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
      5. You and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
    2. You will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the User account. Each User represents, warrants and agrees that:-
      1. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate and current;
      2. you will maintain and promptly amend all information and material to keep it true, accurate, current and complete;
      3. such material and information are not false, misleading, deceptive, discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      4. such material and information do not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations;
      5. such material and information do not contain any information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors; and
      6. such material and information do not contain any link directly or indirectly to any other websites which includes any content that may violate the Terms.
    3. Each User further represents, warrants and agrees that you shall:
      1. carry on your activities on the Sites in compliance with any applicable laws and regulations;
      2. conduct your business transactions with other users of the Sites in good faith;
      3. not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
      4. not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
      5. not engage in spamming or phishing;
      6. not engage in any other unlawful activities (including without limitation, those of which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
      7. not involve attempts to copy, reproduce, exploit or expropriate Eesydian’s various proprietary directories, databases and listings;
      8. not involve in any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
      9. not involve any scheme to undermine the integrity of the data, systems or networks used by Eesydian and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
      10. not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
      11. not engage in any activities that would otherwise create any liability for Eesydian or our affiliates.
    4. You agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Eesydian’s provision of the Services, evaluating whether you have breached the Terms and/or handling any complaint against you. If your failure to do so results in a delay of, or suspension or termination of, the provision of any Service, Eesydian shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delays, suspension or termination.
    5. You acknowledge and agree that Eesydian shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Sites. Eesydian does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
    6. You acknowledge and agree that you are solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
  4. Eesydian RIGHTS
    1. We reserve the right to modify, update, change, add or remove the Service for any reason, without notice at any time.
    2. We may, but have no obligation to, remove any information or materials and suspend or terminate your Account if we determine in our sole discretion that the goods or services offered, or the information or materials uploaded or posted to the Site, violate these Terms and Conditions.
    3. We do not pre-screen information and materials and it is in our sole discretion to refuse or remove any information and materials from the Service.
    4. We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment.
    5. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, the last four digits of the credit card on file, etc.
  5. LIMITATION OF LIABILITY
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY Eesydian ON OR THROUGH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND Eesydian HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Eesydian MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; Eesydian DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR OF PRODUCTS OR SERVICES OFFERED OR DISPLAY DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Eesydian MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OF DISPLAYED ON THE SITES.
    3. You expressly understand and agree that Eesydian shall not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits or savings, goodwill, use, data, information or other intangible losses, whether in contract, negligence, tort, equity or otherwise or any other damages resulting from the use of or inability to use the Site or Service, unauthorized access by third parties to data or private information of any User, statements or conduct of any User and/or any matters relating to Services however arising, including negligence.
    4. You hereby agree to indemnify and save Eesydian, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Sites or Services (including but not limited to the display of such User’s information on the Sites) or from your breach of any of the Terms. You hereby further agree to indemnify and save Eesydian, our affiliates, directors, officers, and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to Eesydian, including but not limited to those set forth in Clause 3 hereunder.
  6. INTELLECTUAL PROPERTY RIGHTS
    1. Each Party shall retain all rights, title and interest to its own Intellectual Property Rights. We do not claim any intellectual property rights over the information and materials you provide to Eesydian. All information and materials you upload, submit, post or display remains yours. When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “IP Rights”) you have in that content or associated with your store in connection with our provision, expansion, and those assignees’, and those sub-licensees’ use of that content in connection with our provision, expansion, and promotion of the Services.
    2. You represent and warrant that, for all such information and materials you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Terms of Service. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any IP Rights. Eesydian takes no responsibility and assumes no liability for any contract provided by you or any third party.
    3. All rights not expressly granted by Eesydian to you in these Terms are hereby reserved by Eesydian. There are no implied rights. You may not use, imitate, or copy in whole or in part, any Eesydian trademark, service mark, trade dress, logo, or other branding without, in each instance, Eesydian’s prior written consent, in Eesydian’s discretion. All permitted use of Eesydian’s Marks will inure to the benefit of Eesydian.
    4. As between the Parties, the Site and Services, including, without limitation, any and all software, documentation, images, video content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements and updates thereto, as well as all IP Rights associated with any of these materials are owned by Eesydian and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the Eesydian’s IP other than the right to use the Services, in compliance with the Terms, during the applicable subscription period.
  7. CONFIDENTIAL INFORMATION
    1. You shall maintain in confidential all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Terms of Service) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement.
    2. You shall ensure that:-
      1. Eesydian confidential information will remain Eesydian’s exclusive property;
      2. You will use Eesydian confidential information only as is reasonable and necessary for your use of or participation in the Service;
      3. You will not otherwise disclose Eesydian confidential information to any third party; and
      4. You will take all reasonable measures to protect Eesydian’s confidential information against any use or disclosure that is not expressly permitted in these Terms of Service.
  8. PRIVACY AND DATA PROTECTION
    1. For a complete description of how the Company uses and protects a User’s personal data, you may refer to the Privacy Policy.
    2. By continuing to access the Site and using the Services, you are deemed to accept the terms of the Privacy Policy. Please do not use our Services or the Site if you object to your personal data being used in the ways described in the Privacy Policy.
  9. PAYMENT OF FEES
    1. Eesydian facilitates the processing of your purchases. We process payment transactions for your orders, and pass your information, such as your order details and shipping information, to the merchants responsible for fulfilling your order. You authorize Eesydian to process payment transactions on your behalf and to pass your order details and shipping or other information to the merchants responsible for fulfilling your orders. You also authorize Eesydian to make adjustments or reversals to your payment method (credit card, debit card or other means of payment) in connection with returns, cancellations, reversals, refunds or other adjustments.
  10. PARTNER MERCHANTS
    1. Several Merchants you will find on the Site will result in you being linked or redirected to the Partner Merchant site to shop and complete your transactions. Once you are linked to the Partner Merchant site, Eesydian does not have any control over or responsibility for the experience on the Partner Merchant site.
  11. SHIPPING SERVICE
    1. Eesydian provides shipping services for the Users to deliver the goods to the address specified by the Customer in its order.
    2. Eesydian has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the goods to any other party as it may from time to time decide without giving notice of the same to the Customer.
    3. Any dates quoted for delivery of the goods are approximately only and delays may occur. The time for delivery/performance shall not be of the essence, and Eesydian shall not be liable for any delay in delivery or performance howsoever caused.
  12. TERMINATION
    1. We may, without prior notice to you, at any time, immediately terminate or revoke any or all of your rights granted under these Terms of Service, terminate accounts and/or cancel orders thereof in its sole discretion, including, without limitation, if Eesydian determines or discovers that any User conduct violates applicable law or is harmful to the interests of Eesydian or the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a notification to your email address, correspondence address and/or SMS. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Eesydian, in operating the Platform and/or Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.
  13. INDEMNIFICATION
    1. To the extent permitted by applicable law and regulations, you agree to defend, indemnify, and hold harmless the Eesydian Parties from and against all claims, liabilities, obligations, damages, losses, costs and debts, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
      (a) your access to or use of our Services, including information provided in connection therewith;
      (b) your breach or alleged breach of our Terms of Services; or
      (c) any misrepresentation made by you. You will fully cooperate as required by us in the defense or settlement of any claim.
  14. DISCLAIMER
    1. This Service is provided on an “as is” and “as available” basis. Eesydian disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to:
      (a) Availability, accessibility, timeliness and uninterrupted use of the Service;
      (b) Sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the Service; and
      (c) any implied warranty of merchantability, fitness for a particular purpose, non-infringement and any course of dealing, custom or usage of trade with respect to the Service.
    2. Eesydian will use reasonable endeavours to ensure that the Service is secure and cannot be accessed by unauthorized third parties but does not warrant the security or confidentiality of any information transmitted through the System or such other equivalent system in any jurisdiction via the Service.
    3. Eesydian shall not be liable or responsible to you and/or any other third party (ies) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenue, loss of profits or any consequential loss (even if Eesydian has been advised of the possibility of such damages or even if such damage is foreseeable), that result from your use of Service and/or unauthorized access to or alteration of your transmissions or data, any communication, transmission, material or data sent or received or not sent or received, or any transactions entered into through the Service or arising in connection with the fraudulent or unlawful acts.
    4. Eesydian is not responsible for any transactions made through the Service. Any dispute, error and mistake in transactions must be resolved between you and the transacting party.
  15. NOTICES
    1. All notices including but not limited to any complaints which are required to be given hereunder shall be in writing and shall be sent to us at:-
      ANTS ECOMMERCE SOLUTION SDN BHD
      Unit 1-1, Level 1, Tower 9, UOA Business Park,
      No. 1, Jalan Pengaturcara U1/51A,
      Seksyen U1, 40150 Shah Alam,
      Selangor, Malaysia
  16. AMENDMENT AND MODIFICATION OF TERMS AND CONDITIONS
    1. Eesydian reserves the right at its absolute discretion, from time to time, to vary, add to, delete or otherwise amend these Terms and Conditions or any part thereof immediately of such changes, additions, or deletions. Your continued use of the Service after the effective date of any variation, addition, deletion or amendments to these Terms and Conditions shall constitute your unconditional acceptance of such variation, addition, deletion or amendments. You are advised to visit the Eesydian’s Site or App from time to time to keep updated of the latest variation to these Terms and Conditions.
  17. SEVERABILITY
    1. In the event that any of the terms and conditions shall be void or unenforceable, then the same shall be deemed severable and all other terms and conditions stated herein shall nevertheless remain in full force and effect.
  18. GOVERNING LAW AND JURISDICTION
    1. The terms and conditions stated herein shall be governed and interpreted in accordance with the laws of Malaysia and disputes arising thereof and/or in connection with these terms and conditions shall only be submitted to the exclusive jurisdiction of the Courts of Malaysia.
  19. MISCELLANEOUS
    1. This Agreement constitutes the whole agreement between the parties and supersedes all previous understanding, agreement and arrangement between the parties, and all obligations pursuant to all previous understanding, agreement and arrangement between the parties are hereby terminated and cease to have effect.

If you have any questions or suggestions regarding our Terms of Service or Privacy Policy, please contact us at 03 5567 9363 or email support@ants.com.my

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